Sections:

• 18.42.010 – Purpose and Applicability 18.42.020 – Allowed Locations and Permit Requirements

• 18.42.030 – Application Approval for Eligible Facilities

• 18.42.040 – Application Requirements, New and Expanded Facilities 18.42.050 – Development Standards

• 18.42.060 – Special Findings 18.42.070 – Maintenance and Operation of Facilities

• 18.42.080 – Transfer of Ownership 18.42.090 – Exceptions 18.42.100 – Standards for Nonexempt Satellite Antennas

• 18.42.110 – Standards for Amateur Radio Antennas

A. Purpose.

1. The purpose of this chapter is to regulate the installation, operation, and maintenance of wireless communications facilities in the City. The City recognizes that the unrestricted installation of redundant wireless communications facilities is contrary to the City's efforts to stabilize economic and social aspects of neighborhood environments, and to promote safety and aesthetic considerations, family environments, and a basic residential character within the City.

2. Protect the benefits derived by the City, its residents and the general public from access to wireless services while minimizing, to the greatest extent feasible, the redundancy of wireless telecommunications facilities, and balancing these goals by allowing the installation and operation of facilities where they are needed while reducing, to the greatest extent feasible, adverse economic, safety and aesthetic impacts on nearby properties and the community as a whole.

3. This chapter is intended to regulate all uses of wireless communications in the City, including uses by public utilities, to the extent of the City's power to regulate the use of land, but not to exceed the scope of the City's authority. This chapter shall not apply to any City-owned wireless communications facilities.

4. This chapter is intended to encourage the location of wireless communication facilities in those areas where adverse aesthetic impacts are minimized to the greatest extent possible, including the collation of antennas within existing facilities.

5. This chapter is intended to comply with applicable state and federal law, including the 1996 Telecommunications Act and Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, applicable state laws, administrative and court decisions, and related determinations.

6. This chapter is intended to regulate wireless communications facilities within the public right-of-way consistent with the rights conferred on telephone corporations and municipalities under the California Public Utilities Code Sections 7901 and 7901.1, while

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addressing the aesthetic and safety concerns due to the facility’s highly visible location in the public right-of-way.

7. The regulations in this chapter are not intended to be applied to or interpreted to:

   • a. Confer any additional rights to construct or maintain wireless communications facilities, other than those rights or entitlements provided under applicable state or federal law;

   • b. Prohibit or effectively prohibit the provision of wireless communication services;

   • c. Unreasonably discriminate among functionally equivalent wireless communication service providers; or

   • d. Regulate wireless communications facilities and transmission equipment on the basis of the environmental or public health effects of the frequency exposure to the extent that the emissions comply with the standards established by the Federal Communications Commission.

B. Applicability.

1. Covered facilities. This chapter provides regulations for the location, development, design, and modification of all wireless communications facilities including broadcast, satellite, commercial mobile service, or other communications system that employ radio spectrum and require granting of licenses from the Federal Communications Commission (FCC) and/or the Public Utilities Commission (PUC).

2. Exempt facilities. The following facilities are exempt from the provisions of this chapter:

   • a. Any ground or building mounted antenna that receives broadcast radio or television signals for use only by occupants of the property on which the antenna is located and does not exceed one meter (39 inches) in diameter and does not exceed the maximum height limit for the zone in which it is located; and

   • b. Any antenna, including its support structure, used by an authorized amateur radio operator licensed by the FCC that is in compliance with the development standards established for amateur radio antennas. For the purpose of this chapter, amateur radio means the licensed noncommercial, nonprofessional, private use of designated radio bands for the purposes of private recreation including the noncommercial exchange of messages and emergency communication. This includes HAM radio and citizens band antenna.

Unless the provisions of this chapter provide otherwise, before installation or modification of any wireless communications facility, the applicant shall obtain an Administrative Use Permit or Conditional Use Permit in compliance with the provisions of this section and Chapter 18.86 and in compliance with the allowed uses established in Article 2.

• A. New wireless facilities. New wireless communication facilities may be allowed as follows:

  1. Stealth wireless communication facilities are allowed in all zones subject to the approval of an Administrative Use Permit;

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2. Camouflaged wireless communication facilities are allowed in all zones subject to the approval of a Conditional Use Permit;

3. Observable wireless communication facilities are allowed in nonresidential zones subject to the approval of a Conditional Use Permit;

4. Stealth wireless communication facilities and camouflaged wireless communication facilities where the non-antenna transmission equipment is also stealth are allowed in the public right-of-way subject to the approval of an Administrative Use Permit;

5. Ground or building mounted satellite dish antenna which receives broadcast radio or television signals for use only by occupants of the property on which the antenna is located that exceeds one meter (39 inches) in diameter are allowed subject to the approval of an Administrative Use Permit; and

6. Wireless communication facilities are prohibited on any property where the primary use of the property is residential, except those antennae exempt from the regulations of this chapter.

• B. Existing wireless facilities. Existing wireless communication facilities may be expanded or modified as follows:

  1. Existing facilities not located in public right-of-way - No substantial change. Collocations on or modifications to existing, approved wireless communication facilities, not in the public right-of-way, that do not constitute a substantial change and that meet the requirements of this chapter are allowed subject to the approval of a modification to the existing permit. In compliance with federal law (Title 47, United States Code, Section 1455 and implementing regulations) an eligible facility request for collocation on, or modification to existing facilities may not be denied and shall be approved if the modification does not substantially change the physical dimensions of a tower or base station. The law requires the City to approve or deny such an application within 60 days after application submission, unless tolled due to issuance of a notice of incomplete filing or by mutual agreement between applicant and City.

  2. Existing facilities not located in public right-of-way - Substantial change. Collocations on or modifications to existing wireless communication facilities, not in the public right-of-way, which constitute a substantial change are allowed subject to the approval of a modification to the existing permit.

3. Facilities located in public right-of-way. Collocations on or modifications to existing wireless communication facilities in the public right-of-way are allowed subject to the approval of a modification to the existing permit.

• C. Eligible facility request. For the purpose of implementing these provisions, the term “eligible facility request” means a request for modification of an existing wireless tower or base station that involves any of the following:

  1. Collocation of new transmission equipment;

  2. Removal of transmission equipment; or

  3. Replacement of transmission equipment.

• D. Modifications constituting a “substantial change”. For the purpose of implementing these provisions, the following definition of “substantial change” shall be applied to proposed collocation or modification to an existing wireless communication facility:

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1. Wireless tower located outside of the public right-of-way:

   • a. Height. The proposed collocation or modification would increase the height more than 10 percent, or the height of one additional antenna array would be more than 20 feet above the height of the nearest existing antenna, whichever is greater; and

   • b. Width. The proposed collocation or modification would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the existing appurtenance, whichever is greater.

2. Wireless tower located in the public right-of-way:

   • a. Height. The proposed collocation or modification would increase the height more than 10 percent or 10 feet, whichever is greater, above the originally approved height.

   • b. Width. The proposed collocation or modification would protrude from the edge of the originally approved structure by more than six feet.

3. Base station wherever located:

   • a. Height. The proposed collocation or modification would increase the height of the base station more than 10 percent or 10 feet, whichever is greater, above the originally approved height.

   • b. Width. The proposed collocation or modification would protrude from the edge of the originally approved base station structure by more than six feet.

4. Additional equipment cabinets. The proposed collocation or modification would involve adding more than the standard number of new equipment cabinets for the technology involved, but in no event shall exceed four new equipment cabinets.

5. Work outside existing boundaries. A proposal that includes excavation or deployment of equipment outside the boundaries of the controlled, leased, or owned property surrounding the wireless tower and base station and any access or utility easements related to the site.

6. Change in approved appearance. A proposal to alter or expand the exterior of any wireless communication facility or base station that was originally approved as stealth or camouflaged that defeats the originally approved stealth or camouflaged design elements. For the purposes of this provision, the term "defeat" means to change a stealth or camouflaged wireless communication facility in a manner so that it shall no longer be considered stealth or camouflaged.

7. Violation of condition of approval. The proposed collocation or modification would violate an existing condition of approval, unless the noncompliance is due to an increase in height, increase in width, addition of cabinets, new excavation, or aesthetic change that does not exceed the corresponding "substantial change" thresholds with respect to a wireless tower or base station, or the condition is preempted by federal law.

8. Site alterations. A proposal that would alter required access, parking, or landscaping from that shown on the approved site plans.

9. Replacement of facility. A proposal to replace the wireless tower or foundation.

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10. Violation of regulations. A proposal to alter the width, bulk, or arrangement of a wireless communication facility that may violate any law, rule, regulation, or other requirement intended to protect public health and safety.

• E. Other permits. In addition to any Administrative Use Permit or Conditional Use Permit or modification to a permit required under this chapter, an applicant for any proposed new, collocated, or modified wireless communication facilities shall also obtain any separate permits or approvals for the facility required by the City.

Within 60 business days of receiving an application that has been deemed complete, the Director shall approve an application for an eligible facility request that proposes collocation or modification of an existing wireless tower or base station if findings can be made consistent with this chapter that the collocation or modification does not substantially change the physical dimensions of the tower or base station. The Director may impose only the conditions necessary to ensure compliance with the provisions of this chapter

• A. Applications for new facilities not located in the public right-of-way. Applicants for a new wireless communication facility shall submit the following, as applicable:

  1. Permits and fees. The required permit application or other City authorizations along with appropriate application fees;

  2. Deposit. A cash deposit for any third party peer review determined by the Director to be necessary to ensure compliance with the requirements of the chapter;

  3. Legal authority. Evidence that the applicant has all of the required licenses and registrations from the FCC and CPUC to provide the wireless communication services being proposed;

  4. Property owner consent. Evidence that the applicant has the consent of the property owner to use the proposed property for the installation of wireless communications facilities;

  5. Encroachment Permit. An Encroachment Permit is required;

  6. Statement of Purpose. A written statement that includes: (a) a description of the technical objectives to be achieved; (b) an annotated topographical map that identifies the targeted service area to be benefitted; (c) the estimated number of users in the targeted service area; and (d) full-color signal propagation maps with objective units of signal strength measurement that show the applicant's current service coverage levels from all adjacent sites without the proposed site, predicted service coverage levels from all adjacent sites with the proposed site, and predicted service coverage levels from the proposed site without all adjacent sites;

  7. Least intrusive location. Written documentation demonstrating a good faith effort to locate the proposed facility in the least intrusive location in compliance with the location requirements, as well as an explanation of how the proposed design complies with the applicable design standards;

  8. Site Plans. A fully dimensioned site plan and elevation drawings prepared by a licensed engineer showing all existing on-site wireless communication facilities and other

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improvements and the proposed facility with all transmission equipment and other improvements and the legal boundaries of the property surrounding the proposed facility and any access or utility easements related to the site.

9. Photographs. Photographs from surrounding areas with a locational map identifying where the photographs were taken;

10. Visual simulations. Scaled visual simulations showing the proposed facility superimposed on photographs of the site and surroundings, to assist the Review Authority in assessing the visual impacts of the proposed facility and its compliance with the provisions of this chapter;

11. Master plan. A master plan that identifies the location of the proposed facility in relation to all existing and potential facilities maintained by the operator intended to serve the City. The master plan shall reflect all potential locations that are reasonably anticipated for construction within two years of submittal of the application. Applicants shall not file, and the City shall not accept, applications that are not consistent with the master plan for a period of two years from approval of applicable discretionary permit or authorization unless the following apply;

• a. The applicant demonstrates materially changed conditions that could not have been reasonably anticipated to justify the need for a wireless communications facility site not shown on a master plan submitted to the City within the prior two years or;

• b. The applicant establishes before the applicable Review Authority that a new wireless communications facility is necessary to close a significant gap in the applicant's communications service, and the proposed new installation is the least intrusive means to do so;

12. Alternative siting analysis. A map depicting existing wireless communication facilities within a one mile radius of the proposed facility and an explanation of why collation on these existing facilities is not feasible. The explanation shall include necessary technical information to document the reasons why collation is not a viable option;

13. Height Certification. A certification prepared by a licensed engineer that provides technical data sufficient to justify the proposed height of any new monopole or building mounted facility;

14. Collation statement. A written statement of the willingness to allow other carriers to colocate when technically and economically feasible and aesthetically desirable, or a statement of why future collation is not technically feasible;

15. FCC compliance. An affirmation, under penalty of perjury, that the proposed installation will be FCC compliant, in that it will not cause members of the general public to be exposed to radio frequency (RF) levels exceeding the levels deemed safe by the FCC. A copy of the fully completed FCC form “A Local Government Official’s Guide to Transmitting Antenna RF Emission Safety: Rules, Procedures, and Practical Guidance” shall be submitted:

• a. Appendix A, titled “Operational Checklist for Determination of Whether a Facility is Categorically Excluded” for each frequency band of RF emissions to be transmitted from the proposed facility upon the approval of the application;

• b. All planned radio frequency emissions on all frequency bands shall be shown on the Appendix A form(s) attached to the application; and

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  - c. All planned radio frequency emissions are to be entered on each Appendix A form only in wattage units of “effective radiated power”;

16. Noise study. A noise study, prepared by a qualified engineer, for the proposed wireless communications facility including, but not limited to, equipment (i.e., air conditioning units and back-up generators);

17. Color samples. Color samples and materials of any visible portion of the facility, including any stealth or camouflage concealing structure;

18. Landscape plan. A conceptual landscape plan for any ground mounted facilities;

19. Statement of accuracy. A statement signed by a person with legal authority to bind the applicant attesting under penalty of perjury to the accuracy of the information provided in the application;

20. As-built photographs. As-built photographs of the facility shall be submitted within 90 days of installation of the facility, detailing the installed equipment; and

21. Additional information. Other information as the Director may determine necessary, or to respond to changes in law or technology.

• B. Applications for collocations and modifications not located in the public right-of-way. Applicants seeking to expand or modify an existing wireless communication facility not in the public right-of-way or to collocate on an existing wireless communication facility not in the public right-of-way need only submit application items 1, 2, 3, 4, 8, 10, 15, 16, 17, 18, 19, 20 and 21, as applicable.

• C. Additional application requirements for facilities located in the public right-of-way. Applicants for a new wireless communication facility proposed to be located in a public right-ofway or modifications to or collocations on an existing facility in the public right-of-way shall submit the following additional items, as applicable:

  1. A written justification for the applicant's claimed right to permanently install a facility in the public right-of-way. In cases where the applicant claims a right based on a franchise or a certificate of public convenience and necessity (CPCN) issued by the CPUC, a copy of the franchise agreement or CPCN shall be provided, including a copy of the certified environmental document from the CPUC covering the proposed wireless communication facilities within the City, including all mitigation measures as required by the CPUC in compliance with the required environmental analysis. Any applicant providing communication service before to 1996, under an administratively equivalent document issued by the CPUC, shall submit copies of that documentation in lieu of a CPCN;

  2. A complete application for an Encroachment Permit if any proposed facility may impact traffic;

  3. An executed right-of-way agreement or proof the applicant has previously entered into the right-of-way agreement and that the agreement remains valid;

  4. Written authorization from the appropriate utility company for the collocation on a streetlight pole, utility pole, or other utility apparatus;

  5. A fully dimensioned and scaled site plan illustrating all of the following information within 150 feet of the proposed wireless communication facility:

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• a. The distances between all proposed and existing wireless communication facilities and all other infrastructure within the public right-of-way as other existing transmission equipment, utility poles, light poles, fire hydrants, bus stops, traffic signals and above and below ground utility equipment vaults;

• b. The distance and location of adjoining property lines and easement boundaries abutting the public right-of-way, curbs, driveway approaches, easements, walls, existing utility substructures, and parkway trees from the wireless communication facility;

• c. The immediate adjacent land uses and building locations;

• d. The dedicated width of the public right-of-way; and

• e. The location of all existing sidewalks and parkway landscape planters.

6. All conduit locations between the proposed wireless communication antennas and the infrastructure necessary to operate the antennas;

  - Conceptual landscape and irrigation plans; 

8. An approved long-term landscape maintenance agreement with the private property owner;

9. An analysis demonstrating the proposed equipment location and landscaping will not impede vehicular visibility at any adjacent intersection or driveway; and

10. Other information as may be reasonably required by the Director or Public Works Director in order to demonstrate the proposed facility will not be detrimental to the public health, safety, or welfare.

• D. Independent technical review. The Director is authorized to retain an independent technical expert to peer review any application for a wireless communication facility. The applicant shall pay for the cost of the review and shall provide a reasonable advance deposit of the estimated cost of the review with the City before the commencement of any work by the technical consultant. The review is intended to be a review of technical aspects of the proposed wireless communications facility or modification of an existing wireless communications facility and may address any or all of the following:

  1. Whether the proposed wireless communications facility is necessary to close a significant gap in coverage and is the least intrusive means of dong so;

  2. The accuracy and completeness of submissions;

  3. Technical demonstration of the unavailability of alternative sites or configurations and/or coverage analysis;

  4. The applicability of analysis techniques and methodologies;

  5. The viability of alternative sites and alternative designs; and

  6. Any other specific technical issues designated by the City.

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Wireless communications facilities shall be located, developed, and maintained as follows:

• A. Preferred locations. Wireless communications facilities, not within the public right-of-way, shall be located in the most appropriate location as specified in this section when doing so would not conflict with federal or state law. The following range of locations is organized from the most appropriate to the least appropriate:

  1. Collocation on an existing stealth facility;

  2. Collocation on an existing camouflaged facility;

  3. Location or collocation on an existing utility or light pole;

  4. New stealth facility;

  5. A new utility pole or light pole with a camouflaged facility;

  6. Location on a new structure in a commercial or mixed use zone or Ravenswood Specific Plan zone; and

  7. Location on a new structure in a public institutional or parks and recreation zone.

• B. Alternative location. No new facility shall be placed in a less appropriate location unless the applicant demonstrates to the satisfaction of the applicable Review Authority that no more appropriate location can feasibly serve the area that the proposed facility is intended to serve. The applicable Review Authority may approve a facility to be established in a less appropriate location if doing so is necessary to prevent substantial aesthetic impacts.

• C. General development standards. All of the following development standards apply to wireless communication facilities in all zones and are subject to the approval of the Director.

  1. Stealth wireless facilities are preferred over camouflage wireless facilities, particularly where existing structures are available or new structures could be constructed to accommodate a stealth wireless facility;

  2. The overall development footprint of each wireless communication facility shall be as small as technically feasible and accessory buildings, structures, shelters, cabinets, underground vaults and other ground mounted equipment shall be grouped together to the maximum extent feasible;

  3. There shall be no net loss of required parking or landscaping when siting a wireless communication facility;

  4. Paint colors shall be selected to minimize visual impacts by blending with the surrounding environment and buildings;
  • The exterior surfaces shall be constructed of non-reflective materials;

6. Wireless communication facilities shall not be lighted or marked unless required by the FCC or the Federal Aviation Administration;

7. No signs, flags, banners, or any form of advertising shall be attached to a wireless communication facility except for government-required certifications, warnings, or other

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required seals or signs, or except as expressly provided by other provisions of the Development Code;

8. The height shall not exceed the maximum structure height in the applicable zone, unless supported by a technical study that clearly demonstrates the need to exceed the height limitation; and

9. A facility shall not encroach into any applicable setback for structures in the applicable zone.

• D. Building and roof mounted standards. All of the following development standards apply to building and roof mounted wireless communication facilities in all zones:

  1. Facilities shall be architecturally integrated into the applicable building design so that it matches the proportion, style, and quality of exterior design of the building and surrounding visual environment and is otherwise as unobtrusive as possible;

  2. Roof mounted wireless communication facilities shall be screened from public view using screening devices that are compatible with the existing architecture, color, texture, and materials of the building; and

  3. Cable trays and runs on a roof deck shall be mounted below or otherwise screened by the parapet wall or other screening device.

• E. Ground mounted standards. All of the following additional development standards apply to ground mounted wireless communication facilities:

  1. Facilities shall be designed and situated in a manner that utilizes existing natural or manmade features including, but not limited to, topography, vegetation, buildings, or other structures to visually screen the wireless communication facility to the greatest extent feasible;

  2. Attempts to replicate trees or other natural objects may be used where allowed if deemed compatible to existing trees or natural objects in the immediate vicinity;

  3. No guy wires or other diagonal or horizontal support structures shall be utilized;

  4. Cable trays and runs shall be located inside the pole and underground; and

  5. A facility shall be set back a distance of at least 150 percent of the height of the facility from the nearest property line of any residentially zoned or occupied parcel.

• F. Public right-of-way standards. The following additional design and development standards for wireless communication facilities apply to facilities located in the public right-of- way:

  1. To minimize aesthetic and visual impacts, wireless communication facilities located in the public right-of-way shall be designed and located according to the following preferences, ordered from most preferred to least preferred, to the maximum extent feasible:

     • a. Collocation on an existing stealth facility;

     • b.

  • Collocation on an existing camouflaged wireless tower or base station;

• c. Location or collocation on an existing utility or light pole with a camouflaged facility;

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• d. A new stealth facility; and

• e. A new utility pole or light pole with a camouflaged facility.

2. Wireless communication facilities are prohibited in all center street medians.

3. No wireless communication facility shall be located or constructed in a manner that would unreasonably interfere with the use of City property or the public right-of-way by the City, by the general public or by other persons authorized to use or be present in or upon the public right-of-way. Unreasonable interference includes disruption to vehicular or pedestrian traffic or parking on City property or within the public right-of-way, interference with public utilities, interference with visibility along the public right-of-way, and any other activities that would present a hazard to public health, safety, or welfare when alternative locations or methods of construction would result in less disruption.

4. All wireless communication facilities shall be built in compliance with the Americans with Disabilities Act (ADA), including but not limited to the provision of adequate surface access and pedestrian traffic movement in and around wireless towers and base stations.

5. All facilities shall have subdued colors and non-reflective materials that blend with the surrounding area.

6. Conduits shall be concealed within the support pole to the maximum extent feasible.

Utility and light poles:

• a. Pole-mounted transmission equipment or any portion of a wireless communication facility shall not exceed six feet above the pole tip height unless supported by a technical study that clearly demonstrates the need to exceed the height limitation;

• b. No portion of the antenna or transmission equipment mounted on a pole shall be less than 16 feet above any road surface;

• c. Pole-mounted equipment, other than the antenna, shall not exceed a total of 8.5 cubic feet in area and shall be compatible in structure, scale, and proportion to the existing streetlight or utility pole equipment;

• d. No new poles shall be installed on a public right-of-way except as replacements for existing poles or where there are presently no overheard utility facilities unless the CPUC has authorized the applicant to install the facilities and the applicant demonstrates that no other feasible options exist; and

• e. All wireless communication facilities mounted on a utility pole shall comply with CPUC General Order 95, as it may be amended.

8. Non-antenna transmission equipment:

   • a. Non-antenna transmission equipment, including electric meter pedestals, shall be placed underground to the maximum extent feasible.

   • b. Non-antenna transmission equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise inconvenience public use of the right-of-way, or create safety hazards to pedestrians or motorists.

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  - c. Non-antenna transmission equipment and underground vaults require an Excavation Permit and a valid right- of-way agreement.

• d. All ground-mounted non-antenna transmission equipment installed above ground shall be screened from public view with landscaping or other decorative features to the satisfaction of the Director.

• G. Collocation and modification standards. The following additional development and design standards apply to collocations and modifications to existing wireless communication facilities:

  1. The collocated or modified facility shall comply with all applicable approvals and conditions of the permit for the host wireless communication facility;

  2. Related equipment for collocated facilities shall be located within the lease-hold or existing equipment enclosure, or if not possible, then the equipment shall be located as close as possible to the existing equipment enclosure; and

  3. The stealth or camouflage techniques approved and used for the existing wireless communication facility shall be extended to all proposed new transmission equipment.

A Conditional Use Permit or Administrative Use Permit for a new wireless communication facility or an administrative modification to an existing permit may be granted only if all of the following findings are made by the Review Authority, in addition to any findings specified under Chapter 18.86.

• A. The new or substantially modified wireless facility is necessary to close a significant gap in wireless service coverage, as evidenced by call testing of existing facilities with the area the applicant contends is a significant gap in coverage to be served by the facility.

• B. No feasible alternative site exists that would close a significant gap in wireless service coverage which alternative site is a more appropriate location for the facility.

• C.

  • The facility complies with all design standards and other requirements of this chapter.

• D. The proposed wireless communication facility has been designed to achieve compatibility with the surrounding community to the maximum extent reasonably feasible in compliance with the provisions of this chapter.

• E. The proposed wireless communication facility constitutes the least intrusive means to reasonably achieve the applicant's stated technical objectives and will not have an adverse impact on the use of the public right-of-way, including but not limited to, the safe movement and visibility of pedestrians and vehicles.

• A. Radio frequency report. Within 60 days of commencement of operations, the permittee of a new wireless communication facility shall provide the Department with a report, prepared by a qualified engineer acceptable to the Director, indicating that the actual radio frequency (RF) emissions of the facility, measured at the property line or nearest point of public access and in the direction of maximum radiation from each antenna, is in compliance with all applicable FCC safety standards. This report shall include RF emissions from all collocation facilities, if any, at the site. The permittee shall also provide an updated report within 60 days after completion of any change in design, number of antennas, operation, or other significant change in

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circumstances, or when a report is otherwise required by the FCC, to the satisfaction of the Director.

• B. State and Federal regulations. All wireless communication facilities shall comply with all standards and regulations of the FCC, and any other state or federal agency with the authority to regulate wireless communication facilities.

• C. Maintenance. The site and the wireless communication facility, including all landscaping, fencing, and related transmission equipment shall be maintained in a neat and clean manner and in compliance with all approved plans. All graffiti on wireless communication facilities shall be removed at the sole expense of the permittee within 48 hours of notification by the Director.

• D. Noise. No transmission equipment or any other associated equipment shall emit noise that exceeds the applicable limits established in Section 18.34.090.

• E. Interference with public right-of-way. A wireless communication facility located in the public right-of-way shall not unreasonably interfere with the use of any City property or the public rightof-way by the City, by the general public or by other persons authorized to use or be present in or upon the public right-of-way. Unreasonable interference includes disruption to vehicular or pedestrian traffic, and interference with any other City or public utilities.

• F. Revocation notice. If any FCC, CPUC or other required license or approval to provide communication services is revoked, the permittee shall inform the Director of the revocation within 10 days of receiving notice of the revocation.

• G. Removal after revocation. A wireless communication facility and all equipment associated with the use shall be removed in its entirety by the permittee, at the permittee's sole expense, within 180 days of a FCC or CPUC license or registration revocation, or if any applicable City permit or approval is revoked, and the permittee shall immediately cease all transmitting and receiving operations at the applicable facility or facilities. Following the removal of a facility, the site shall be restored to its reasonable pre-installation condition or better as determined by the Director and, where necessary, revegetated to blend in with the surrounding area. In the case of building mounted facilities, all antennas, equipment, screening devices, support structures, cable runs, and other appurtenant equipment shall be removed. Restoration and revegetation of the site shall be completed within two months of removal of the facility.

• H. Performance bond. The City may require posting of a performance bond to cover the applicant's or owner/operator of the facility's obligation to restore the site to its reasonable preinstallation condition. The bond coverage shall include, but not be limited to, removal of the facility, maintenance obligations, and landscaping obligations. The amount of the performance bond shall be set by the Director on a case-specific basis and in an amount reasonably related to the obligations required and in compliance with Government Code Section 65964(b).

Upon transfer of an approved wireless communication facility or any rights under the applicable permit or approval, the permittee of the facility shall within 30 days of the transfer provide written notification to the Director of the date of the transfer and the identity of the transferee. The Director may require submission of any supporting materials or documentation necessary to determine that the facility is in compliance with the existing permit or approval and all of its conditions including, but not limited to, statements, photographs, plans, drawings, and analysis by a qualified engineer demonstrating compliance with all applicable regulations and standards of the City, FCC, and CPUC.

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Wireless Communications Facilities

• A. Evidence for exception. An exception to the standards or requirements of this chapter may be granted if an applicable standard or requirement would prohibit or have the effect of prohibiting the provision of wireless communication services by the applicant. The Review Authority may grant an exception to terms deemed appropriate in cases where approval of the exception is necessary to comply with any state or federal law or regulation and where the applicant shows by clear and convincing evidence that no other location or combination of locations or type of facility can provide comparable wireless communication services.

• B. Written explanation. An applicant seeking an exception shall submit to the Director a written explanation specifying clear and convincing evidence that the location(s) and the design of the proposed facility is necessary to close a significant gap in service coverage, that there is no feasible alternate location(s), or design, that would close a significant gap or to reduce it to less than significant, and that the proposed facility is the least intrusive means to close a significant gap in service coverage or to reduce the gap to less than significant.

• C. Review Authority review. All exceptions are subject to the review and approval of the Review Authority. The burden shall be on the applicant to prove that a significant gap in service coverage exists and that the exception requested for the proposed facility is the least intrusive means to close the identified service coverage gap or to reduce the gap to less than significant.

Satellite antennas, including portable units and dish antennas, shall be designed, installed, and maintained in compliance with the regulations of the FCC. Satellite antennas with diameters larger than one meter in residential zones and two meters in nonresidential zones shall comply with all of the following requirements provided these provisions do not conflict with applicable state and federal regulations.

• A. Application and plans. Plans for satellite antennas shall be submitted with an application for a Zoning Clearance and shall include a site plan and elevation drawings indicating the height, diameter, color, setbacks, foundation details, landscaping, and method of screening;

• B. Location. No satellite antenna shall be located within any required front yard or street side yard setbacks in any zone. In addition, no portion of a satellite antenna shall extend beyond a property line;

• C. Color. A satellite antenna and its supporting structure shall be painted a single, neutral, nonglossy color (e.g., earth tone, gray, or black); and

• D.

  • Wiring. All wiring shall be placed underground, whenever possible.

• E. Residential Zones. In any residential zone, satellite antennas shall be subject to all of the following standards:

  1. Satellite antennas shall not exceed 15 feet in height, as measured from the finished grade or other surface on which the antenna is placed. Roof-mounted antennas shall not exceed the height of roof line
  • Only one satellite antenna shall be allowed on any single-family residential site;

3. Only one antenna shall be allowed for each group of attached dwelling units on a multifamily residential site;

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Article 3 –Regulations Applicable to All Zones

4. A satellite antenna shall be separated from adjacent properties by at least a six-foot- high solid wall or fence or by trees or other plants of equal minimum height;

5. Any satellite antenna that is taller than an adjacent property-line fence shall be located away from the side or rear property line a distance equal to or greater than the height of the antenna;

6. The diameter of a satellite antenna shall not exceed two meters. This requirement may be modified by the Director if the applicant provides a sufficient technical study prepared by a qualified engineer demonstrating to the Director's satisfaction that strict compliance would result in no satellite reception; and

  - A satellite antenna shall be used for private, noncommercial purposes only. 

• F. Nonresidential Zones. In any nonresidential zone, including mixed use zones, satellite antennas may be roof- mounted or ground-mounted subject to all of the following standards:

  1. If roof-mounted, satellite antennas shall be screened from ground view by a parapet or other screening device approved by the Director. The minimum height and design of a parapet, wall, or other screening shall be subject to the approval of the Director;

2. If ground-mounted, satellite antennas shall not be located between a structure and an adjacent street, and shall be screened from public view and neighboring properties subject to the approval of the Director;

   3. The location and height of satellite antennas shall comply with all requirements of the underlying zone; and

   4. If the subject site abuts a residential zone, all antennas shall be set back a minimum distance from the property line equal to the height of the antenna and screened from view subject to the approval of the Director.

• A. Standards. Amateur radio antennas shall be designed, constructed, and maintained as follows:

  1. The maximum extended height of any part of the antenna shall not exceed 40 feet, measured from finished grade immediately adjacent to the base of the antenna;

  2. Any fixed boom that is part of an extendable antenna shall not exceed 25 feet in height;

  3. Antennas may be roof- or ground-mounted; and

  4. Antennas shall not be located in any front or side yard areas.

• B. Modification of standards. The above standards may be modified or waived by the Director on a case-by-case basis where required to comply with FCC PRB-1 and Government Code Section 65850.3 and where the modification or waiver is based on sufficient technical information provided in writing by the applicant.

East Palo Alto Development Code, Title 18

125 August 2018

Chapter 18.42

Article 3 –Regulations Applicable to All Zones

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East Palo Alto Development Code, Title 18

126 August 2018

Title 18 – Development Code