A. 
Purpose. The purpose of this Chapter is to establish standards for antennas and wireless telecommunications facilities. These regulations are intended to provide for the managed development of antennas and wireless telecommunications facilities in a manner that recognizes and enhances the community benefits of wireless telecommunications technology and reasonably accommodates the needs of citizens and wireless telecommunications service providers in accordance with Federal and State rules and regulations. These regulations also intend to protect neighbors from potential adverse impacts of such facilities, and to preserve the visual character of the established community through appropriate design, siting, screening, maintenance, and location standards.
B. 
Applicability. The standards of this Chapter shall apply to any wireless telecommunication facilities, antennas, and structures for which land use approval is required, except for those facilities specified in Section 18.110.020 (Exemptions).
(Ord. 978, 11/17/2025)
Each exempt facility listed in this Section shall fully comply with all other applicable requirements of the Municipal Code to the extent not specially exempted in this Section, including but not limited to the adopted California safety codes, including California Building Standards Code (Title 24), Electrical Code, Plumbing Code, Mechanical Code, and Fire Code.
A. 
The requirements of this Chapter do not apply to antennas or antenna structures established in this Section, unless otherwise noted in this Chapter.
B. 
Over-the-Air Reception Devices (OTARD) Antennas.
1. 
Satellite Dishes 39.37 Inches (One Meter) or Less. Direct broadcast satellite (DBS) antennas and multipoint distribution services (MDS) antennas measuring one meter or less in diameter and are either:
a. 
Intended for the sole use of a person occupying the same lot to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite; or
b. 
A hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services.
2. 
Non-Satellite Dishes 39.37 Inches (One Meter) or Less. Non-satellite dish antennas measuring one meter or less in diameter and are either:
a. 
Intended for the sole use of a person occupying the same lot to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or to receive or transmit fixed wireless signals other than via satellite; or
b. 
A hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services.
3. 
Television Broadcast System (TVBS) Antennas. TVBS antennas are exempt provided that all the following are true:
a. 
The antenna is located entirely on and/or above the subject property; and
b. 
No portion of any ground-mounted antenna is within a required front setback for the main building, in front of the main building, within a required side setback of a corner lot, or adjacent to a street.
C. 
Satellite Earth Station (SES) Antennas. SES antennas measuring two meters or less in diameter located on a property within any commercial or industrial zoning district that comply with all the following provisions. SES antennas are not exempt from obtaining a Building Permit and Zoning Permit for review of placement to ensure that maximum safety is maintained.
1. 
The antenna is located entirely on and/or above the subject property; and
2. 
No portion of any ground-mounted antenna is within a required front setback for the main building, in front of the main building, within a required side setback of a corner lot or adjacent to a street.
D. 
Amateur Radio Antennas. Antennas and antenna structures constructed by or for FCC-licensed amateur radio operators that comply with all the following provisions. Such an antenna or antenna structure is not exempt from obtaining a Building Permit and Zoning Permit for review of placement to ensure that maximum safety is maintained.
1. 
The antenna structure, when fully extended, measures 35 feet or less in height, and measures 24 inches or less in diameter or width;
2. 
The antenna boom measures 20 feet or less in length and is three inches or less in diameter;
3. 
No antenna element exceeds 32 feet in length or two inches in diameter or width, except for mid-element tuning devices which shall not exceed six inches in diameter or width; and
4. 
The turning radius of any antenna does not exceed 26 feet.
5. 
All antennas and antenna structures shall comply with Section 18.110.060 (General Development Standards), and other applicable provisions of the municipal code.
E. 
Public Safety Facilities. Telecommunications facilities used only for public safety or other noncommercial governmental functions, including personal wireless services, used and maintained by the City, or any fire district, school district, hospital, ambulance service, governmental agency, or similar public or semipublic use.
F. 
Temporary Mobile Facilities. Mobile facilities placed on a site for less than seven consecutive calendar days, provided any other necessary permits are obtained.
G. 
Collocation Facilities. A proposed collocation facility that meets all of the requirements of California Government Code Section 65850.6.
H. 
Emergency Facilities. Wireless telecommunications facilities erected and operated for emergency situations, as designated by the Police Chief or City Manager, so long as the facility is removed at the conclusion of the emergency.
(Ord. 978, 11/17/2025)
Telecommunication facilities, antennas, and structures shall obtain the following applicable permits unless exempt under Section 18.110.020 (Exemptions).
A. 
If the facility, antenna, or structure will be located in the public right-of-way, the following permits are required.
1. 
Encroachment Permit.
a. 
An Encroachment Permit shall be required for any facility located within the public right-of-way other than a qualifying Federal Communications Commission (FCC) Section 6409(a) Modification. Applications for facilities within the public right-of-way are subject to review and approval by the City Engineer. An Encroachment Permit for a facility shall only be approved if the facility is in substantial conformance with the applicable general development standards in Section 18.110.060 (General Development Standards) and the "Guidelines for Wireless Communications Facilities" within the public right-of-way. Exceptions or deviations from the guidelines may be granted at the discretion of the City Engineer if the findings for approval of an exception/deviation as established in Section 18.110.080 (Exceptions) are satisfied. The processing of an encroachment permit for purposes of a wireless telecommunications facility shall be subject to full cost recovery for city staff time processing the permit.
b. 
An Encroachment Permit shall be required for accessing, working, or staging within the public right-of-way or on city-owned public property for the purposes of constructing a wireless telecommunications facility.
2. 
Zoning Permit. A Zoning Permit shall be required for any Section 6409(a) modification. Applications for Zoning Permits for a Section 6409(a) modification within the public right-of-way are subject to review and approval by the City Engineer.
3. 
License. A license entered into with the City shall be required for use of any City-owned property within the public right-of-way.
4. 
Building Permit. A Building Permit shall be required for any wireless telecommunications facility or modification thereof, unless it is specifically exempted.
B. 
Encroachment Permit for Construction. An Encroachment Permit shall be required for accessing, working, or staging within the public right-of-way or on city-owned public property. Private Property and Public Property (excluding public right-of-way).
1. 
Architectural Review Permit. An Architectural Review Permit is required for the following facilities:
a. 
A monopole or any other antenna structure constructed by or for an FCC-licensed amateur radio operator which, when fully extended, is between 35 and 60 feet in height, and/or has a turning radius exceeding 26 feet (when the antennas are rotated).
b. 
A wireless telecommunications facility other than a Section 6409(a) modification, or an application for a small wireless facility collocation.
2. 
Minor Use Permit. A Minor Use Permit shall be required for any wireless telecommunications facility that is a small wireless facility involving a new or replacement structure or that involves the collocation of a personal wireless services facility that is not a Section 6409(a) modification. The Zoning Administrator shall administratively review, process, conditionally approve or deny an application for a Minor Use Permit in accordance with the procedures established in Chapter 18.155 (Use Permit).
3. 
Zoning Permit. A Zoning Permit shall be required for any Section 6409(a) modification. No Architectural Review Permit shall be required for a Section 6409(a) modification.
4. 
Use Permit. A Use Permit is required for the installation of:
a. 
An amateur radio antenna that is not exempt under this Chapter, when fully extended, exceeds 60 feet in height.
b. 
Any wireless telecommunications facility, monopole, or any other antenna structure constructed by or for a personal wireless services provider, not otherwise covered in this Section.
5. 
Building Permit. A Building Permit shall be required for any wireless telecommunications facility or modification thereof, unless it is specifically exempted.
6. 
Encroachment Permit. An Encroachment Permit shall be required for accessing, working, or staging within the public right-of-way or on City-owned public property.
7. 
License/Lease. A lease or license entered into with the city shall be required for any facility located within or upon City-owned public property.
C. 
Temporary Use Permit. A Temporary Use Permit is required for the installation of any wireless telecommunications facility intended or used to provide personal wireless services on a temporary or emergency basis, such as a large-scale special event in which more users than usual gather in a single location or following a duly proclaimed local or state emergency as defined in Government Code Section 8558 requiring additional service capabilities for a period not to exceed 90 consecutive calendar days.
(Ord. 978, 11/17/2025)
An applicant seeking approval for a wireless telecommunications facility or a modification to a preexisting wireless telecommunications facility in accordance with this Chapter shall complete and submit an application to the Planning Division for review and processing, upon the approved form.
(Ord. 978, 11/17/2025)
In addition to the required findings for the applicable permit under Part 4 (Permit and Entitlement Processing Procedures), the review authority responsible for reviewing an entitlement permit in accordance with this Chapter may approve the permit only upon making one of the following findings:
A. 
Any and all applicable requirements in this Chapter have been satisfied; or
B. 
To the extent the proposed wireless telecommunications facility does not comply with all applicable requirements, the applicant has requested an exception in accordance with Section 18.110.080 (Exceptions) and the findings for granting an exception can be made.
(Ord. 978, 11/17/2025)
A. 
General Development Standards. Each wireless telecommunications facility located on private property shall be designed, installed, and operated in compliance with these development standards, unless specifically stated otherwise in this Section.
1. 
Limited Requirements. Wireless telecommunication facilities approved under a Zoning Permit for a Section 6409(a) modification or an Encroachment Permit for facilities in a public right-of-way shall only be required to comply with the development standards in Subsections A.2.b, A.3.h, A.4, A.7, A.10, and A.11 of this Section.
2. 
Location Requirements.
a. 
Zoning Districts. No more than one monopole or any other antenna structure is permitted on any lot in a residential zoning district. A wireless telecommunications facility may be allowed in the Downtown Specific Plan area and the Contra Costa Center Specific Plan area and other future specific plan areas if listed as an allowed use within the approved specific plan.
b. 
Airport Safety Zones. A wireless telecommunications facility shall not be installed within Airport Safety Zones 2, 3, or 4 for Buchanan Field, as identified in the General Plan, or for any other airport or heliport, unless the Airport Operator and the Airport Land Use Commission indicate in writing that the facility would not adversely impact airport operations.
c. 
Collocation. Facilities owned by multiple wireless telecommunications providers shall be collocated on a single tower, monopole or building to the extent technically feasible and aesthetically desirable to minimize proliferation and visual impacts of new facilities.
d. 
Visibility from Public Places.
i. 
A wireless telecommunications facility installed in a location readily visible from a public trail, public park, or other publicly owned outdoor recreation area shall be sited and designed to be effectively unnoticeable within the existing natural and/or manmade environment.
ii. 
The smallest and least visible antennas possible should be installed which will reasonably accommodate the operator's communication needs.
iii. 
The City shall retain the authority to limit the number of antennas and related equipment at any site to minimize potential visual impacts.
e. 
Setbacks. A wireless telecommunications facility and any related ground-mounted equipment shall not be located in the front or street side setback of any lot, or within 200 feet of a lot with a residential use. The 200-foot linear measurement shall be taken from the base of any antenna structure, any structure that is supporting antennas, and/or any ground-mounted support equipment to the nearest property line of the residential use.
3. 
Screening and Design Requirements.
a. 
Antennas. Antennas, antenna structures, and related equipment shall incorporate architectural, landscape, color, and/or other treatments to minimize potential visual impacts.
b. 
Natural Appearance. Ground-mounted facilities shall be screened with natural vegetation or designed as a stealth facility. Examples include a water tank, artificial tree, and rocks. Existing and new landscaping materials, especially trees, shall be used where possible to screen antenna and antenna towers from off-site views.
c. 
Glare. All exterior surfaces of the facility shall be constructed or treated with nonglare and nonreflective material.
d. 
Blending with Architecture. Building-mounted antennas shall be in scale and architecturally integrated with the building design in such a manner as to be visually unobtrusive. This shall include use of complementary materials and complementary colored paint. Screening may include locating the facility or equipment within attics, steeples, cupolas, and towers or within a new architectural addition to a building or structure which is architecturally compatible with the building. Applicants are also encouraged to design wireless telecommunications facilities to serve as public art, particularly those in commercial, office, or retail zoning districts.
e. 
Specific Plan Areas. Within any specific plan area, all wireless telecommunications facilities shall be completely screened from the view of surrounding properties. Appropriate locations may include inside attic spaces, steeples, cupolas, towers, below parapets, or concealed in architectural features.
f. 
Exterior Lighting. Exterior lighting is limited to:
i. 
One exterior light with a maximum wattage of 100 watts over a door to equipment sheds. Light fixtures shall be equipped with cutoff lenses to minimize spill-over of light to adjacent properties; and
ii. 
Other lights required by the Federal Aviation Administration (FAA) for communications facilities within Airport Safety Zones 2, 3 and 4.
g. 
Wall- and Building-Mounted Facility Dimension Standards.
i. 
Roof-Mounted Antennas. Roof-mounted antennas shall be set back from the edge of the roof a distance at least as great as the height of the antenna.
ii. 
Wall-Mounted Antennas. Wall-mounted antennas shall not exceed a total of 50 square feet per building face.
h. 
Unauthorized Access. All facilities shall be designed to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions which would result in hazardous conditions, visual blight, or attractive nuisances.
4. 
Noise Standards. Each facility shall be operated in such a manner to minimize any noise impacts. The maximum noise generation limit for communications facilities and transmission equipment is 50 decibels (measured on the CNEL scale) measured 10 feet from any noise-generating use on the site. Final building plans for new and remodeled facilities shall include a letter from a qualified acoustical engineer certifying that building plans comply with this standard.
5. 
Height. A wireless telecommunications facility, whether building- or ground-mounted, shall be no taller than 12 feet above the maximum allowed height limit of the main building in the zoning district in which the facility is located.
6. 
Undergrounding. Extensions of electrical and telecommunications landlines to serve wireless telecommunications facilities shall be undergrounded.
7. 
Signs. Wireless telecommunications facilities shall include the installation of all-weather emergency information signs on-site in a reasonably visible location. Each sign shall indicate, at minimum, the site address and a 24-hour emergency contact phone number.
8. 
Service Roads. Existing roads and easements shall be used to the extent feasible. New service roads shall be limited to a width of 10 feet, unless a wider road is deemed necessary by the City or the Contra Costa Fire Protection District.
9. 
Landscaping and Tree Preservation.
a. 
Landscape Plan. Any existing trees or significant vegetation shall be retained as part of an approved landscape plan for the project.
b. 
Protection. Before commencement of work, existing trees in the vicinity of the facility and along any access roads and trenching areas shall be protected from damage with temporary construction fencing or other methods approved by the Zoning Administrator. Grading, cutting or filling is prohibited in the dripline of any tree required to be preserved. Underground lines shall be located to minimize damage to tree roots.
c. 
Restoration. All areas disturbed during project construction shall be revegetated with similar plant material before issuance of a certificate of occupancy.
10. 
Compliance with Laws. All wireless telecommunications facilities shall comply with the applicable provisions of this Chapter as well as the Building Code, Electrical Code, Plumbing Code, Mechanical Code, Fire Code, and rules and regulations imposed by State and Federal agencies. All wireless telecommunications facilities shall meet current standards and regulations of the FCC, California Public Utilities Commission (CPUC), and any other agencies with authority to regulate wireless telecommunications service providers. If existing standards or regulations are changed, the applicant shall bring its facility into compliance with the new standards within 90 calendar days of the effective date of such standards, unless otherwise mandated by the Federal or State agency. Changes to approved projects are subject to review and approval by the Zoning Administrator or other applicable City decision-making body. Failure to comply with adopted new State or Federal requirements shall be grounds for permit revocation in accordance with Section 18.110.140 (Revocation).
11. 
Public Health. No wireless telecommunications facility shall be sited or operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to public health.
a. 
No facility or combination of facilities shall produce, at any time, power densities in any inhabited area that exceed the FCC's maximum permissible exposure (MPE) limits for electric and magnetic field strength and power density for transmitters or any more restrictive standard subsequently adopted or promulgated by the City, County, State, or Federal government.
b. 
Absolute compliance with FCC Office of Engineering Technology (OET) Bulletin 65, as amended, is mandatory, and any violation of this Chapter shall be grounds for the City to immediately terminate any permit granted under this Chapter, or to order the immediate service termination of any nonpermitted, noncomplying facility constructed within the city.
12. 
Performance Bond. Before a Building Permit or Electrical Permit is issued, the applicant shall file with the City, and shall maintain in good standing throughout the term of the approval, a performance bond or another form of security approved in advance by the City for the removal of the facility in the event that the use is abandoned or the permit is revoked, terminated, or expires. The security shall be in the amount equal to 100% of the cost of physically removing the wireless telecommunications facility and restoring the site to the condition as it existed before the original deployment of the facility and all related facilities and equipment on the site The amount shall be based on the higher of two contractors' quotes for removal that are provided by the permittee. The permittee shall reimburse the City for staff time associated with the processing and tracking of the bond, based on the hourly rate adopted by the City Council. Reimbursement shall be paid when the security is posted and during each administrative review.
B. 
Special Provisions for Amateur Radio Antennas and Antenna Structures. In addition to the general development standards in this Section, amateur radio antennas and antenna structures shall comply with the following standards:
1. 
Height. The minimum height and size necessary to reasonably accommodate the operator's communication needs, in accordance with FCC regulations as established in FCC Order "PRB-1."
2. 
Retractable monopoles may be required for antenna structures over 35 feet in height which are in or within 200 feet of a lot with a residential use. The City may require that, at times when not in operation, the monopole be retracted to the lowest elevation possible to maintain a safe clearance above any nearby building, accessory structure, overhead utility, landscaping, and/or any other site improvements.
(Ord. 978, 11/17/2025)
Any wireless telecommunications facilities existing before April 19, 2017 that are nonconforming to the provisions of this Chapter may continue to be operated, repaired, and maintained but shall not be enlarged, expanded, relocated or modified in a way that increases nonconformance with this Chapter, unless otherwise allowed by Federal law.
(Ord. 978, 11/17/2025)
A. 
The City Engineer, Zoning Administrator, or other review authority considering the permit application may grant exceptions to the design and location standards for wireless communications facilities subject to this Chapter if it is determined that the denial of an application or strict adherence to the location and design standards would:
1. 
Prohibit or effectively prohibit the provision of personal wireless services, within the meaning of Federal law; or
2. 
Otherwise violate applicable laws or regulations; or
3. 
Require a technically infeasible location, design, or installation of a wireless facility;
4. 
Involve only minor noncompliance with a requirement, provided such noncompliance either results in no increase in visual harms to the community or provides other benefits.
B. 
If the applicant requests an exception and the review authority considering the application finds that an exception is warranted, said requirements may be waived, but only to the minimum extent required to avoid the prohibition, violation, or technically infeasible location, design, installation, or minor nonconformance.
(Ord. 978, 11/17/2025)
All permits issued under this Chapter shall comply with the conditions of approval established in this Section. The City Engineer, Zoning Administrator, or other review authority considering the permit application under this Chapter shall have discretion to modify, supplement, waive, or amend these conditions on a case-by-case basis as 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 purpose of this Chapter.
A. 
Permit Term. Any permit for a wireless communications facility will automatically expire at 12:01 a.m. local time exactly 10 years and one day from the permit issuance date, except when California Government Code Section 65964(b) authorizes the City to issue a permit with a shorter term.
B. 
Code Compliance. The permittee shall maintain compliance with all applicable Federal, State, and local laws and regulations.
C. 
Inspections – Emergencies. The City or its designee shall be allowed into 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.
D. 
Contact Information for Responsible Parties. The permittee shall 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 contact person. All contact information for responsible parties shall be provided to the Zoning Administrator upon permittee's receipt of the Zoning Administrator's written request, except in an emergency determined by the City when all such contact information for responsible parties shall be immediately provided to the Zoning Administrator upon that person's verbal request.
E. 
Indemnities.
1. 
The permittee and, if applicable, the 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 from:
a. 
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. 
Any and all damages, liabilities, injuries, losses, costs and expenses, and any and all claims, demands, law suits 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 private property owner or any of each one's agents, employees, licensees, contractors, subcontractors, or independent contractors.
2. 
Permittees shall be strictly liable for interference caused by their facilities with the City's communications systems. 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.
3. 
In the event the City becomes aware of any such actions or claims, as mentioned in this Subsection, the City shall promptly notify the permittee and the private property owner, if applicable, 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 City for any costs and expenses directly and necessarily incurred by the City in the course of the defense.
F. 
Adverse Impacts on Adjacent Properties. The 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. Any natural screening afforded by site conditions, including, but not limited to, the presence of trees, landscaping, topographical features, or structures on the site that shield the facility from view, shall be considered stealthing elements.
G. 
General Maintenance. The site and facility, including but not limited to all landscaping, fencing, and related transmission equipment, shall be maintained in a neat and clean manner and in accordance with all approved plans and conditions of approval.
H. 
Graffiti Removal. All graffiti on facilities shall be removed at the sole expense of the permittee within 48 hours after notification from the City.
I. 
RF Exposure Compliance. All facilities shall comply with all standards and regulations of the FCC and any other State or Federal government agency with the authority to regulate RF exposure standards. After transmitter and antenna system optimization, but before unattended operations of the wireless telecommunications facility, permittee or its representative shall provide the City documentation demonstrating compliance with all applicable RF emissions standards as certified by a licensed engineer.
J. 
Build-Out Period. This permit shall lapse 12 months after its date of approval unless one of the following has occurred:
1. 
A Building Permit has been issued, substantial money has been expended, and construction diligently pursued;
2. 
A certificate of occupancy has been issued;
3. 
The facility is constructed or modified as approved and in operation; or
4. 
The build-out period is extended by the review authority which originally approved the permit.
K. 
Lapse. The permit shall automatically lapse if there is a discontinuance of the exercise of the entitlement granted by the permit for six consecutive months or more.
L. 
Testing. Testing of back-up generators and other noise producing equipment shall take place on weekdays only, between the hours of 8:30 a.m. and 4:30 p.m. Testing is prohibited on Saturdays, Sundays, and Federally recognized holidays.
M. 
Utilities Undergrounded. Extensions of electrical and telecommunications land lines to serve the wireless telecommunications facility shall be underground.
N. 
Encroachment. Permittee shall obtain an Encroachment Permit for any work, staging, operations, or construction access in the public right-of-way or on City-owned public property. The permit shall require the applicant to comply with, but not be limited to, the following requirements:
1. 
Hours of operation within the public right-of-way or easement shall be restricted to 8:30 a.m. to 4:30 p.m. on weekdays only.
2. 
The contractor shall be responsible for keeping mud and other debris off the public right-of-way within and adjacent to the project.
3. 
The public right-of-way shall not be used to store materials or to park construction equipment, trailers or other such vehicles.
4. 
The contractor shall submit a traffic control plan for any lane closures or operations within the public right-of-way.
5. 
The contractor shall comply with the requirements of the National Pollutant Discharge Elimination System (NPDES), including, but not limited to, best management practices (BMPs) as described in the Contra Costa Clean Water Program Pollution Prevention Plan.
6. 
Deliveries to staging areas and the construction site shall be restricted to between 8:30 a.m. and 4:30 p.m. weekdays.
7. 
The contractor shall obtain approval in writing from the City Engineer before commencing work in the public right-of-way on weekends or holidays.
8. 
The contractor shall be responsible for repairing any damage to City property and to restore City property to any applicable City standards.
9. 
The contractor shall be responsible for paying any permit and/or inspection fees, as applicable.
O. 
Other Approvals. The permittee shall obtain all other applicable permits, approvals, and agreements necessary to install and operate the facility in conformance with Federal, State, and local laws, rules, and regulations.
P. 
Modifications. No changes shall be made to the approved plans without review and approval in accordance with this Chapter.
Q. 
Performance and Maintenance. All wireless telecommunications facilities and related equipment, including but not limited to fences, cabinets, poles, and landscaping, shall be maintained in good working condition over the life of the permit. This shall include keeping the structures maintained to the visual standards established at the time of approval. The facility shall remain free from trash, debris, litter, graffiti and other forms of vandalism. Any damage shall be repaired as soon as practicable, and in no instance more than 10 calendar days from the time of notification by the City or after discovery by the permittee.
R. 
Performance Bond. Before a Building Permit or Electrical Permit is issued, the applicant shall file with the City and shall maintain in good standing throughout the term of the approval, a performance bond or another form of security approved in advance by the City for the removal of the facility in the event that the use is abandoned or the permit is revoked, terminated, or expires. The security shall be in the amount equal to 100% of the cost of physically removing the wireless telecommunications facility and restoring the lot to the condition as it existed before the original deployment of the facility and all related facilities and equipment on the lot. The amount shall be based on the higher of two contractors' quotes for removal that are provided by the permittee. The permittee shall reimburse the City for staff time associated with the processing and tracking of the bond, based on the hourly rate adopted by the City Council. Reimbursement shall be paid when the security is posted and during each administrative review.
S. 
Conflicts with Improvements. For all wireless telecommunications facilities located within the public right-of-way, the permittee shall remove or relocate, at their own expense, any or all of its wireless telecommunications facilities when such removal or relocation is deemed necessary by the City by reason of any change of grade, alignment, or width of any public right-of-way, for installation of services, water pipes, drains, storm drains, power or signal lines, traffic control devices, public right-of-way improvements, or for any other construction, repair or improvement to the public right-of-way.
T. 
City Access. The City reserves the right of its employee, agents, and designated representatives to inspect permitted facilities and property upon reasonable notice to the permittee. In case of an emergency or risk of imminent harm to persons or property within the vicinity of permitted facilities, the City reserves the right to enter upon the site of such facilities and to support, disable, or remove those elements of the facilities posing an immediate threat to public health and safety. The City shall make an effort to contact the permittee, before disabling or removing wireless telecommunications facility elements.
U. 
Collocation. Where the wireless telecommunications facility site can accommodate a collocation upon the same site, the owner and operator of the facility shall allow another carrier to collocate its facilities and equipment thereon, provided the parties can mutually agree upon reasonable terms and conditions.
V. 
Interference. To the extent allowed under applicable Federal rules and regulations, the operator of a wireless telecommunications facility shall correct interference problems experienced by any person or entity with respect to equipment such as television, radio, computer, and telephone reception or transmission that are caused by the facility. If a Federal agency with jurisdiction over such matters finds that a facility is operating in violation of Federal standards, the permittee shall promptly provide the Zoning Administrator, or City Engineer as applicable, with a copy of any notice of such violation issued by any Federal agency and shall notify the Zoning Administrator or City Engineer once the facility comes back into compliance with applicable standards.
W. 
Discontinuance of Use. Antennas, support structures, and related equipment shall be removed within 90 calendar days of the discontinuation of the use of a wireless telecommunications facility operating under a Use Permit that has expired and the site shall be restored to its previous condition. The service provider shall provide the Planning Division with a notice of intent to vacate the site a minimum of 30 calendar days before vacation. For facilities located on City property, this requirement shall be included in the terms of the lease. For facilities located on other sites, the property owner is responsible for removal of all antennas, structures, and related equipment within 90 calendar days of the discontinuation of the use.
X. 
Compliance Verification. No later than 12 months after commencing operation of the facility or issuance of a certificate of occupancy, whichever occurs first, and annually thereafter, the applicant, wireless carrier, or property owner, shall have an appropriately licensed professional conduct a noise study of facility operations to verify compliance with all applicable local, State, and Federal regulations. In addition, a report shall also be submitted by an appropriately licensed professional to verify completion of any required site landscaping, equipment enclosures, and confirm that the facility appearance is in compliance with approved plans. These reports shall be submitted and reviewed by the Zoning Administrator or City Engineer as applicable within five working days of completion of the reports. Failure to submit such compliance verification, or the submission of materials verifying a lack of compliance, will constitute grounds for the City to initiate a public hearing to consider whether permittee is fully complying with all conditions related to any permit or approval granted under this Chapter.
(Ord. 978, 11/17/2025)
A. 
Required Findings. The Zoning Administrator for private and public property and the City Engineer for facilities in the public right-of-way shall issue a Zoning Permit for a Section 6409(a) modification only upon finding that the proposed Section 6409(a) modification:
1. 
Meets all applicable criteria for an eligible facilities request stated in 47 C.F.R. AAA 1.6100(b)(3) through (9), or any successor provisions, after application of the definitions in 47 C.F.R. AA 1.6100(b). The Zoning Administrator or City Engineer shall make an express finding for each criterion;
2. 
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. AAA 1.6100(b)(7)(i) through (iv), or any successor provisions; and
3. 
Will comply with all generally applicable laws.
B. 
Effect on Existing Use Permit. Notwithstanding any other requirement of the Municipal Code, the Zoning Administrator for private and public property and the City Engineer for facilities in the public right-of-way shall be authorized to issue a Zoning Permit for a Section 6409(a) modification, even if issuance of such a permit would have the effect of amending an existing Use Permit.
C. 
Conditions of Approval for Section 6409(a) Modifications. Zoning Permits for Section 6409(a) modifications are subject to the following conditions, unless modified by the Zoning Administrator for private and public property and the City Engineer for facilities in the public right-of-way:
1. 
No Permit Term Extension. The City's grant or grant by operation of law of a Zoning Permit for a Section 6409(a) modification 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 a Zoning Permit for a Section 6409(a) modification will not extend the permit term for any permit or 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.
2. 
No Waiver of Standing. The City's grant or grant by operation of law of a Section 6409(a) modification 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 Section 6409(a) modification.
3. 
Permit Subject to Conditions of Underlying Permit. Zoning Permits for Section 6409(a) modifications shall be subject to the terms and conditions of the underlying permit for the existing tower or base station.
4. 
Code Compliance. The permittee shall maintain compliance with all applicable federal, state and local laws, regulations and other rules.
5. 
Inspections – Emergencies. The City or its designee may enter 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. The permittee shall 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. All such contact information for responsible parties shall be provided to the Zoning Administrator for private and public property and the City Engineer for facilities in the public right-of-way upon permittee's receipt of the Zoning Administrator's or City Engineer's written request, except in an emergency determined by the City when all such contact information for responsible parties shall be immediately provided to the Zoning Administrator or City Engineer, as applicable, upon that person's verbal request.
7. 
RF Exposure Compliance. All facilities shall comply with all standards and regulations of the FCC and any other State or Federal government agency with the authority to regulate RF exposure standards. After transmitter and antenna system optimization, but before unattended operations of the wireless telecommunications facility, permittee or its representative shall provide the Zoning Administrator or City Engineer, as applicable, documentation demonstrating compliance with all applicable RF emissions standards as certified by a licensed engineer.
8. 
Build-Out Period. This permit shall lapse 12 months after its date of approval unless one of the following has occurred:
a. 
A Building Permit has been issued, substantial money has been expended, and construction diligently pursued; or
b. 
A certificate of occupancy has been issued; or
c. 
The facility is constructed or modified as approved and in operation; or
d. 
The build-out period is extended by the city authority which originally approved the permit.
9. 
Lapse. The permit shall automatically lapse if there is a discontinuance of the exercise of the entitlement granted by the permit for six consecutive months or more.
10. 
Testing. Testing of back-up generators and other noise producing equipment shall take place on weekdays only, and only between the hours of 8:30 a.m. and 4:30 p.m., except that testing is prohibited on holidays that fall on a weekday. In addition, testing is prohibited on weekend days.
11. 
Utilities Undergrounded. Extensions of electrical and telecommunications land lines to serve the wireless telecommunications facility shall be undergrounded where existing land lines serving the facility are underground.
12. 
Encroachment. Permittee shall obtain an encroachment permit for any work, staging, operations, or construction access in the public right-of-way or on city-owned public property. The permit shall require the applicant to comply with, but not be limited to, the following requirements:
a. 
Hours of work within the public right-of-way or easement shall be restricted to between 8:30 a.m. to 4:30 p.m. weekdays.
b. 
The contractor shall be responsible for keeping mud and other debris off the public right-of-way within and adjacent to the project.
c. 
The public right-of-way shall not be used to store materials or to park construction equipment, trailers or other such vehicles.
d. 
The contractor shall submit a traffic control plan for any lane closures or operations within the public right-of-way.
e. 
The contractor shall comply with the requirements of the National Pollutant Discharge Elimination System (NPDES), including, but not limited to, best management practices (BMPs) as described in the Contra Costa Clean Water Program Pollution Prevention Plan.
f. 
Deliveries to staging areas and the construction site shall be restricted to between 8:30 a.m. and 4:30 p.m. weekdays.
g. 
The contractor shall obtain approval in writing from the City Engineer before commencing work in the public right-of-way on weekends or holidays.
h. 
The contractor shall be responsible for repairing any damage to city property and to restore city property to city standards.
i. 
The contractor shall be responsible for paying any permit and/or inspection fees, as applicable.
13. 
Other Approvals. The permittee shall obtain all other applicable permits, approvals, and agreements necessary to install and operate the facility in conformance with federal, state, and local laws, rules, and regulations.
14. 
Modifications. No changes shall be made to the approved plans without review and approval in accordance with this chapter.
D. 
Effect of Repeal of Section 6409(a). This Section shall become null and void if P.L. 112-96, Section 6409, is rescinded.
(Ord. 978, 11/17/2025)
The City shall advise the applicant if an application is incomplete in accordance with applicable State and Federal timelines for action.
(Ord. 978, 11/17/2025)
The review authority considering the relevant permit issued in compliance with this Chapter may require the application, proposed findings, and conditions of approval to be reviewed by an independent third-party peer review consultant. The cost of the third-party peer review shall be the responsibility of the applicant.
(Ord. 978, 11/17/2025)
A. 
The review authority shall provide the applicant with written notice of its decision. A denial of an application under this Chapter shall be supported by substantial evidence and comply with the following:
1. 
Cannot be based on the environmental effects of radio frequency (RF) emissions if the facility complies with the FCC's RF regulations; and
2. 
Cannot violate State or Federal law.
3. 
The denial of a Zoning Permit application for a Section 6409(a) modification shall be made without prejudice.
B. 
Timing of Decision. The City shall make its final decision on a complete wireless telecommunications facility application and issue all required ancillary permits within the applicable State and Federal timelines for action.
C. 
Denial of an Incomplete Application.
1. 
To promote efficient review and timely decisions, any application governed under this Chapter may be denied without prejudice by the City Engineer or Zoning Administrator when the applicant fails to tender a substantive response to the City within 120 calendar days after the City Engineer or Zoning Administrator deems the application incomplete in a written notice to the applicant.
2. 
The City Engineer or Zoning Administrator may grant a written extension for up to 30 calendar days when the applicant submits a written request before the 120 day period that shows good cause to grant the extension. Good cause for an extension shall include, but is not limited to, delays due to circumstances outside the applicant's reasonable control.
(Ord. 978, 11/17/2025)
A. 
General Requirement. Permittees shall fully comply with all conditions related to any permit or approval granted under this Chapter. Failure to comply with any applicable standard of this Chapter shall constitute grounds for revocation. If such a violation is not remedied within a reasonable period, following written notice and an opportunity to cure, the City may schedule a public hearing before the Planning Commission to consider revocation of the permit. The Planning Commission revocation action may be appealed to the City Council in accordance with Chapter 18.185 (Appeals and Calls for Review).
B. 
Removal, Repair, and Restoration. If the permit is revoked in compliance with this Section, the permittee shall remove its facility at its own expense and shall repair and restore the site to the condition that existed before the facility's installation or as required by the City within 90 calendar days of revocation in accordance with applicable health and safety requirements. The permittee shall be responsible for obtaining all necessary permits for the facility's removal and site restoration.
C. 
Storage. The City may, but shall not be required to, store the removed facility (or any part thereof). The facility permittee shall be liable for the entire cost of such storage. The City may, in lieu of storing the removed facility, convert it to the City's use, sell it, or dispose of it in any manner deemed appropriate by the City.
(Ord. 978, 11/17/2025)
A. 
A decision of the Zoning Administrator or Planning Commission on a Use Permit or Minor Use Permit, as applicable, may be appealed to the City Council in compliance with Chapter 18.185 (Appeals and Calls for Review).
B. 
A decision of the City Engineer concerning an Encroachment Permit for a wireless telecommunications facility may be appealed in accordance with Chapter 1.10 (Appeals), subject to the following modifications:
1. 
The time for filing a notice of appeal shall be five calendar days;
2. 
The hearing shall be held within 21 calendar days of the date the notice of appeal is filed; and
3. 
The decision of the City Manager is final upon issuance and not appealable to City Council.
C. 
Decisions on Zoning Permit applications for a Section 6409(a) modification shall be final and may not be appealed.
(Ord. 978, 11/17/2025)