Chapter 20.49 — WIRELESS TELECOMMUNICATIONS FACILITIES

Prior legislation: Ords. 2014-1 and 2023-22.

The purpose of this chapter is to establish reasonable and uniform standards and procedures for personal wireless service facilities deployment, construction, installation, collocation, modification, operation, relocation and removal on all property other than the public right-of- way, consistent with and to the extent permitted under federal and state law. The requirements of this chapter are intended to, and should be applied to, protect and promote public health, safety and welfare; retain the aesthetic character of the City; and ensure that residents, visitors, businesses, and government services in the City have reliable access to the state-of-the-art wireless telecommunications networks.

This chapter is not intended to, nor shall it be interpreted or applied to:

A. Prohibit or effectively prohibit any personal wireless service provider's ability to provide
personal wireless services;

B. Prohibit or effectively prohibit any personal wireless service provider's ability to provide
any interstate or intrastate telecommunications service, subject to any competitively neutral
and nondiscriminatory rules or regulations;

C. Unreasonably discriminate among providers of functionally equivalent services;

D. Deny any request for authorization to place, construct or modify personal wireless service
facilities on the basis of environmental effects of radio frequency emissions to the extent
that such facilities comply with the Federal Communications Commission's regulations
concerning such emissions;

E. Prohibit any collocation or modification that the City may not deny under federal or state
law; or

F. Otherwise authorize the City to preempt any applicable federal or state law or regulation.
(Ord. 2026-7, 6/23/2026)

The abbreviations, phrases, terms and words used in this chapter shall have the meanings assigned to them in this section or as may be appropriate, in Chapter 20.70, as may be amended, unless context indicates otherwise. Undefined phrases, terms or words in this section shall have the meanings assigned to them in 47 U.S.C. Section 702, as may be amended, and, if not defined therein, shall have their ordinary meanings. If any definition assigned to any phrase, term or word in this section conflicts with any federal or state mandated definition, the federal or state- mandated definition shall control.

"Accessory equipment" means any equipment serving or being used in conjunction with antennas that have been established for the purpose of providing personal wireless services up to the point of connection with a larger fiber optic or power network. This equipment includes, but

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City of Newport Beach, CA § 20.49.020 NEWPORT BEACH CODE § 20.49.020

is not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, wires, conduits, equipment buildings, cabinets, storage sheds, shelters, vaults, or other structures.

"Administrative Clearance" or "AC" means a ministerial, non-discretionary approval issued by the Review Authority for a Class 1 facility or 6409(a) facility.

"Antenna" as used in this chapter means the same as defined in 47 C.F.R. Section 1.6002(b), as may be amended, which currently defines the term as an apparatus designed for the purpose of emitting radio frequency (RF) radiation, to be operated or operating from a fixed location pursuant to FCC authorization, for the provision of personal wireless service and any commingled information services. For purposes of this definition, the term antenna does not include an unintentional radiator, mobile station, or device authorized under 47 C.F.R. Part 15.

"Base station" means the same as defined in 47 C.F.R. Section 1.6100(b)(1), as may be amended, which currently defines that term as structure or equipment at a fixed location that enables FCC- licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in 47 C.F.R. Section 1.6100(b)(9) or any equipment associated with a tower. The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small cell networks). The term includes any structure other than a tower that, at the time the relevant application is filed with the state or local government under this section, supports or houses equipment described in 47 C.F.R. Section 1.6100(b)(1)(i)-(ii) that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support. The term does not include any structure that, at the time the relevant application is filed with the state or local government, does not support or house equipment described in 47 C.F.R. Section 1.6100(b)(1)(i)-(ii).

"City-owned" or "City-held trust property" means all real property and improvements owned, operated or controlled by the City, other than the public right-of-way, within the City's jurisdiction, including but not limited to City Hall, police and fire facilities, recreational facilities, parks, beaches, and libraries.

"Collocation" means (a) for the purposes of any eligible facilities request, the same as defined by 47 C.F.R. Section 1.6100(b)(2), as may be amended, which currently defines the term as the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes. As an illustration and not a limitation, "collocation" as defined herein effectively means "to add" and does not necessarily refer to more than one personal wireless service facility installed at a single site; and (b) for all other purposes, has the same definition as is found in 47 C.F.R. Section 1.6002(g), as may be amended, which defines the term as (1) mounting or installing an antenna facility on a pre-existing structure; and/or (2) modifying a structure for the purpose of mounting or installing an antenna facility on that structure.

"CPUC" means the California Public Utilities Commission established in the California Constitution, Article XII, Section 5, or its duly appointed successor agency or agencies.

"Distributed antenna system" or "DAS" means a network of one or more antennas and fiber optic nodes typically mounted to streetlight poles, or utility structures, which provide access

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City of Newport Beach, CA § 20.49.020 PLANNING AND ZONING § 20.49.020

and signal transfer services to one or more third-party wireless service providers. DAS also includes the equipment location, sometimes called a "hub" or "hotel" where the DAS network is interconnected with third-party wireless service providers to provide the signal transfer services.

"Eligible facilities request" means the same as defined in 47 C.F.R. Section 1.6100(b)(3), as may be amended, which currently defines that term as any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (i) collocation of new transmission equipment; (ii) removal of transmission equipment; or (iii) replacement of transmission equipment.

"Existing" means the same as defined in 47 C.F.R. Section 1.6100(b)(5), as may be amended. A constructed tower or base station is existing for purposes of this section if it has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.

"FAA" means the Federal Aviation Administration or its duly appointed successor agency.

"Facility class(es)" refers to the classes of personal wireless service facilities and the attendant support equipment, which are categorized as follows:

1. Class 1 (Stealth/Screened): a stealth personal wireless service facility with antennas
mounted on an existing or proposed nonresidential building or other structure not primarily
intended to be an antenna support structure where antennas and support equipment,
including the base station, are fully screened from public view.

2. Class 2 (Visible Antennas): a personal wireless service facility with antennas mounted on
an existing non-residential building, structure, pole, light standard, utility tower, wireless
tower and/or lattice tower outside of the public right-of-way.

3. Class 3 (Public Right-of-Way Installations): a personal wireless service facility with
antennas installed on a structure located in the public right-of-way, regulated by Chapter
13.22.

4. Class 4 (Freestanding Structure): a personal wireless service facility with antennas
mounted on a new freestanding structure, including but not limited to a faux tree, a
monopole or lattice tower, constructed for the sole or primary purpose of supporting the
personal wireless service facility.

5. Class 5 (Temporary): a facility including associated support equipment that is installed at a
site on a temporary basis pursuant to a limited term permit or in connection with a special
event upon the approval of a special events permit pursuant to Chapter 11.03.

"FCC" means the Federal Communications Commission or its duly appointed successor agency.

"Feasible" or "feasibly" means capable of being accomplished in a successful manner within a
reasonable period of time, taking into account environmental, physical, legal and technological
factors.

"Lattice tower" means a freestanding open framework structure used to support antennas,
typically with three or four support legs of open metal crossbeams or crossbars.

"Monopole" means a single freestanding pole or pole-based structure solely used to act as or
support a telecommunication antenna or antenna arrays.

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City of Newport Beach, CA § 20.49.020 NEWPORT BEACH CODE § 20.49.020

"OTARD" means an over-the-air reception device subject to 47 C.F.R. Section 1.4000 et seq., as may be amended, and which currently includes, without limitation, satellite television dishes not greater than one meter in diameter.

"Permittee" means the owner of a personal wireless service facility that has obtained permission through issuance of a permit pursuant to this chapter to construct, install, modify, collocate, relocate, or otherwise deploy personal wireless service facilities on private property.

"Personal wireless services" means the same as defined in 47 U.S.C. Section 332(c)(7)(C)(i), as may be amended, which currently defines the term as commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services.

"Personal wireless service facility(ies)" or "facility(ies)" means the same as defined in 47 U.S.C. Section 332(c)(7)(C)(ii), as may be amended, which currently defines the term as facility(ies) that provide personal wireless services.

"Public right-of-way" means the same as Section 13.20.020 of this Code, which currently defines the term as the improved or unimproved surface of and the space above and below a City easement for public utility purposes, or street, or similar public way of any nature, dedicated or improved for vehicular, bicycle, and/or pedestrian related use now or hereafter held by the City, however acquired.

"Review authority" means the Community Development Director, Zoning Administrator, Planning Commission, or City Council, depending on the type of facility class proposed.

"RF" means radio frequency or electromagnetic waves between 30 kHz and 300 GHz in the electromagnetic spectrum range.

"Section 6409(a)" means Section 6409(a) of the Middle Class Tax Relief and Job Creation Act, Pub. L. No. 112-96, 126 Stat. 156 (Feb. 22, 2012), codified as 47 U.S.C. Section 1455(a), as may be amended.

"Section 6409(a) facility(ies)" or "6409(a) facility(ies)" means an eligible facility request approved pursuant to Section 6409(a).

"Stealth" or "stealth facility" means a personal wireless service facility in which the antenna, and the support equipment, are completely hidden from view such as in a monument, cupola, pole- based structure, or other concealing structure which either mimics, or which also serves as, a natural or architectural feature. Concealing structures which are obviously not such a natural or architectural feature to the average reasonable observer do not qualify within this definition. For example, an artificial tree shall not be considered to be a stealth facility.

"Substantially change" or "substantially change the physical dimensions" means the same as interpreted by applicable courts and in 47 C.F.R. Section 1.6100(b)(7), as may be amended, which currently states that a modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:

1. For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than 10 feet, whichever is greater; a. Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings'

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City of Newport Beach, CA § 20.49.020 PLANNING AND ZONING § 20.49.020

rooftops; in other circumstances, changes in height should be measured from the
dimensions of the tower or base station, inclusive of originally approved
appurtenances and any modifications that were approved prior to the passage of the
Spectrum Act;

2. For towers other than towers in the public rights-of-way, it involves adding an
appurtenance to the body of the tower that 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
appurtenance, whichever is greater; for other eligible support structures, it involves adding
an appurtenance to the body of the structure that would protrude from the edge of the
structure by more than six feet;

3. For any eligible support structure, it involves installation of more than the standard number
of new equipment cabinets for the technology involved, but not to exceed four cabinets; or,
for towers in the public rights-of-way and base stations, it involves installation of any new
equipment cabinets on the ground if there are no pre-existing ground cabinets associated
with the structure, or else involves installation of ground cabinets that are more than 10%
larger in height or overall volume than any other ground cabinets associated with the
structure;

4. It entails any excavation or deployment outside of the current site, except that, for towers
other than towers in the public rights-of-way, it entails any excavation or deployment of
transmission equipment outside of the current site by more than 30 feet in any direction.
The site boundary from which the 30 feet is measured excludes any access or utility
easements currently related to the site;

5. It would defeat the concealment elements of the eligible support structure; or

6. It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, unless the modification meets all of the criteria in subsections 1 through 5 or as amended in 47 C.F.R. Section 1.6100(b)(7)(i)-(iv).

   "Support equipment" means the physical, electrical and/or electronic equipment included within a personal wireless service facility used to house, power, and/or contribute to the processing of signals from or to the facility's antenna or antennas, including but not limited to a base station, cabling, air conditioning units, equipment cabinets, pedestals, and electric service meters. Support equipment does not include DAS, antennas or the building or structure to which the antennas or other equipment are attached.

   "Temporary personal wireless service facilities" means portable wireless communication facilities 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 confined location or when a disaster disables permanent personal wireless service facilities. Temporary personal wireless service facilities include, without limitation, cells-on-wheels, sites-on-wheels, cells-on-light-trucks, or other similarly portable wireless communication facilities not permanently affixed to the site or land upon which it is located.

   "Tower" means the same as defined in 47 C.F.R. Section 1.6100(b)(9), as may be amended, which currently defines the term as any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed

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City of Newport Beach, CA § 20.49.020 NEWPORT BEACH CODE § 20.49.030

wireless services such as microwave backhaul, and the associated site.

"Transmission equipment" means the same as defined in 47 C.F.R. Section 1.6100(b)(8), as may be amended, which currently defines the term as equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

"Unlicensed wireless service" means the same as defined in 47 U.S.C. Section 332(c)(7)(C)(iii), as may be amended, which currently defines the term as the offering of telecommunications services using duly authorized devices which do not require individual licenses, but does not mean the provision of direct-to-home satellite services (as defined in 45 U.S.C. Section303(v).

"Utility tower" means an open framework structure (see lattice tower) or steel pole used to support electric transmission facilities. (Ord. 2026-7, 6/23/2026)

A. Applicable Facilities. This chapter applies to any personal wireless service facility within the City and all applications and requests for approval to construct, install, modify, collocate, relocate or otherwise deploy personal wireless service facilities in the City, unless exempted pursuant to subsection B of this section.

B. Exempt Facilities. Notwithstanding subsection A of this section, the provisions of this
chapter shall apply to any of the following:

1. Personal wireless service facility proposed in the public right-of-way which shall be
governed by Chapter 13.22;

2. Amateur radio facility(ies);

3. OTARD antenna(s);

4. Personal wireless service facility installed completely indoors and not visible to the
public intended to extend signals for personal wireless services in a personal
residence or a business (such as a femtocell or indoor distributed antenna system);

5. Personal wireless service facility or equipment owned and operated by CPUC-
regulated electric companies for use in connection with electrical power generation,
transmission and distribution facilities subject to CPUC General Order 131-E, as may
be amended;

6. Personal wireless service facility or associated infrastructure that is developed,
installed, managed, or operated by the City, for the City, or under the City's direction,
or located on City-owned or City-held trust property, or in which the City maintains
a legal or equitable interest and installed pursuant to a lease, license, franchise
agreement or other agreement between the City and any third party (whether public
or private); and

7. Personal wireless service facility, or portion thereof, that is preempted by, or would
otherwise violate, applicable federal or state law. Notwithstanding the foregoing, an

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City of Newport Beach, CA § 20.49.030 PLANNING AND ZONING § 20.49.050

exempt personal wireless facility shall be subject to the Director's determination that
it be designed to minimize the extent of the non-conformity with the Code.
The exemptions provided herein shall not exempt the same personal wireless service
facility from the requirements in Title 15.

C. Requests for Approval Pursuant to Section 6409(a). Any written request to collocate,
replace or remove transmission equipment at an existing tower or base station submitted
under Section 6409(a) shall require an AC. If a facility does not satisfy the requirements of
a 6409(a) facility, the facility shall be reviewed pursuant to the review procedures in Table
4-1 of Section 20.49.050.

D. Legal Nonconforming Facility. Any personal wireless service facility that was lawfully
constructed, erected, or approved prior to August 13, 2026, that is operating in compliance
with all applicable laws, and which facility does not conform to the requirements of this
chapter shall be deemed a legal nonconforming facility. Legal nonconforming facilities
shall comply at all times with the laws, ordinances, regulations, and any conditions of
approval in effect at the time the facility was approved, and any regulations pertaining to
legal, nonconforming uses or structures that may be applicable pursuant to provisions of
this Code or federal and state laws as they may be amended.
(Ord. 2026-7, 6/23/2026)

A. Preferred Locations. To limit the adverse visual effects of and proliferation of new or individual personal wireless service facilities in the City, the following list establishes the order of preference of facilities, from the most preferred (1) to least preferred (4).

1. Collocation of a new personal wireless service facility at an existing facility.

2. Class 1.

3. Class 2 and Class 3.

4. Class 4.

B. Prohibited Locations. Personal wireless service facilities are prohibited in the following
locations:

1. On properties zoned for single-unit or two-unit residential development including
equivalent designations within a planned community district or specific plan district
except if located on common area lots developed with community facilities, landscape
lots, or private streets.

2. On properties zoned for multi-unit residential development or mixed-use
development including equivalent planned community districts or specific plan
districts with a maximum of four allowable dwelling units.

3. In the Open Space (OS) Zoning District, unless facilities are collocated on an existing
utility tower within a utility easement area or collocated on another existing facility.
(Ord. 2026-7, 6/23/2026)

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City of Newport Beach, CA § 20.49.050 NEWPORT BEACH CODE § 20.49.060

Unless exempted pursuant to Section 20.49.030B, any personal wireless service facility shall require a MUP, CUP, LTP, or AC as provided in Table 4-1, unless exempt pursuant to Section 20.49.040B. Notwithstanding the permits identified in Table 4-1, any application for a facility that proposes to exceed the maximum height limit of the applicable height limit area in which the facility is located pursuant to Section 20.30.060C.2 shall require approval of a CUP by the Planning Commission.

Table 4-1
Permit Requirement for Personal Wireless Service Facilities

Facility Class Permit

Class 1 AC

Class 2 MUP

Class 3 See Chapter 13.22

Class 4 CUP

Class 5 LTP or see Chapter 11.03

A. Permit Review Procedures. An application for a MUP, CUP, or LTP shall be reviewed in
accordance with Chapter 20.52 and Section 20.49.080.

B. Emergency Communications Review. At the time an application is submitted to the
Community Development Department, a copy of the plans, map, and emission standards
shall be sent to the Chief of Police. The Chief of Police shall review the plan's potential
conflict with emergency communications. The review may include a pre-installation test of
the personal wireless service facility to determine any interference. If the Police
Department determines that the proposal has a high probability that the facility will
interfere with emergency communications devices, the applicant shall work with the Police
Department to avoid interference.

C. Other Permits and Regulatory Approvals. In addition to any permit required under this
chapter, the applicant shall obtain all other required permits and other regulatory approvals
from the City, and state and federal agencies. Any permit granted under this chapter shall
be subject to the conditions and/or other requirements in any other required permits or other
regulatory approvals.

D. Proprietary Approvals. Nothing in this chapter shall be deemed to waive any required
proprietary approvals for siting of personal wireless service facilities on privately or
publicly owned property or improvements.
(Ord. 2026-7, 6/23/2026)

A. Application Requirement. Except for a 6409(a) facility, the City shall not accept, approve, or deny any personal wireless service facility subject to this chapter except upon a duly filed application pursuant to Chapter 20.50 and any other written rules developed by the Director.

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City of Newport Beach, CA § 20.49.060 PLANNING AND ZONING § 20.49.070

B. Minimum Application Content. Any application for a personal wireless service facility
shall be filed with the Community Development Department on the appropriate form,
together with all required fees and/or deposits and all other information and materials
specified by the Director for the application.

C. Applications Deemed Withdrawn. To promote efficient review and timely decisions by the
City, if an application is deemed incomplete, the City shall notify the applicant in writing
identifying the information needed to deem the application complete. The application shall
be deemed automatically withdrawn without prejudice if the applicant fails to provide all
required information within 60 days of the City's written notice of incompletion. If the
applicant submits a written request for extension showing good cause prior to the sixtieth
day, the Director may grant a written extension of no more than an additional 30 days.
Delays due to circumstances outside the applicant's reasonable control shall be considered
good cause to grant the extension.
(Ord. 2026-7, 6/23/2026)

A. Generally Applicable Development Standards. Any new personal wireless service facility, or collocation or modification to an existing personal wireless service facility not subject to Section 6409(a) shall conform to the following generally applicable development standards.

1. Concealment. The personal wireless service facility is concealed to blend the
equipment and other improvements into the natural and/or built environment
consistent with the underlying zoning district and surrounding area.

2. Public View Protection. The personal wireless service facility, whether approved by
administrative or discretionary review, complies with Section 20.30.100.
Additionally, any potential impact(s) from a new or modified personal wireless
service facility to public views that are not identified by the City's General Plan
Natural Resources Element shall be evaluated to determine if inclusion in the element
would be appropriate. If deemed appropriate for inclusion, the potential impacts to
such public views shall be considered.

3. Height. The personal wireless service facility does not exceed the maximum
allowable height limit for flat structures pursuant to Section 20.30.060C.2 unless the
review authority approves a CUP and makes all of the required findings in Section
20.49.080C to exceed the maximum height limit by no more than 15 feet. The
personal wireless service facility shall comply with height restrictions or conditions,
if any, required by the FAA, and shall comply with Section 20.30.060E as may be in
force at the time the personal wireless service facility is permitted or modified.

4. Setbacks. The personal wireless service facility complies with all required setbacks
for the zoning district in which the facility is proposed.

5. Noise. The personal wireless service facility and all accessory and transmission
equipment comply with all noise regulations, including, without limitation, Chapter
10.26, and shall not exceed either individually or cumulatively, the applicable
ambient noise limits. The review authority may condition the project to incorporate
appropriate noise-baffling materials and/or design strategies to meet the applicable

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City of Newport Beach, CA § 20.49.070 NEWPORT BEACH CODE § 20.49.070

noise limit.

6. Landscaping. The personal wireless service facility application includes landscape features when proposed in a landscaped area. The review authority may condition additional landscaping to screen or conceal the facility from public view and/or avoid or mitigate potential adverse impacts on adjacent properties. The permittee shall be responsible for maintenance of and replacement of all landscaping. 7. Security Measures. The personal wireless service facility incorporates reasonable and appropriate security measures, such as fences, walls and anti-climbing devices, to prevent unauthorized access, theft and vandalism. Security measures shall be designed to enhance concealment to the maximum extent possible. The review authority may require additional concealment elements deemed necessary to blend the security measures and other improvements into the natural and/or built environment. 8. Backup Power Sources. The review authority may condition permanent backup power sources and/or generators. The City strongly favors non- and low-polluting backup power sources such as fuel cells and natural gas generators and strongly disfavors backup power sources that pollute such as diesel and gasoline generators. Any permanent backup power sources and/or generator shall be located as far away from sensitive receptors as feasible. 9. Lights. Exterior lighting of the personal wireless service facility shall be limited to: (a) lighting required under FAA, FCC or other applicable governmental regulations; and (b) timed or motion-sensitive lights for security and/or worker safety. All exterior lights permitted or required shall be installed in locations and within enclosures that avoid illumination impacts on other properties to the maximum extent feasible. Aircraft warning lighting required by the FAA or FCC shall be shielded from the interior of any human-occupied structure's views to the maximum extent feasible. 10. Signs and Advertising. The personal wireless service facility shall include discrete signage that continuously and accurately identifies the equipment, the permittee's site name or identification number, as well as a local or toll-free number to the permittee's network operations center. The personal wireless service facility shall not bear any other signage or advertisements unless expressly approved by the City, required by law or recommended by the FCC, CPUC, or other United States or state governmental agencies. 11. Future Collocations. The personal wireless service facility is designed and sited in a manner that contemplates future collocations and facilitates the integration of additional equipment into the proposed facility or associated structures with no or negligible visual changes to its outward appearance to the greatest extent feasible. 12. Utilities. All cables and connectors for telephone, primary electric and other similar utility services will be routed underground to the extent feasible in conduits large enough to accommodate future collocated facilities. The review authority shall not approve new overhead utility lines or service drops merely because undergrounding would increase the project cost. 13. Compliance with Laws. The personal wireless service facility is designed and sited in compliance with all applicable federal, state and local laws, regulations, rules, restrictions and conditions, which include, without limitation, the California Building

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City of Newport Beach, CA § 20.49.070 PLANNING AND ZONING § 20.49.070

Standards Code, General Plan and any applicable specific plan, and this Code.

14. Nonconformities. A proposed or modified personal wireless service facility shall not
create any new or increased nonconformity as defined in this Title 20, such as, but not
limited to, a reduction in and/or elimination of required parking, landscaping, or
loading zones unless relief is sought pursuant to applicable Zoning Code procedures.

B. Design Standards by Facility Class. In addition to the general design standards set forth in
subsection A of this section, any new personal wireless service facility, or collocation or
modification to an existing personal wireless service facility not subject to Section 6409(a)
shall conform to the following class-specific design standards.

1. Class 1 (Stealth/Screened) Installations.

a. All personal wireless service facility components, including all antennas, antenna panels, cables, wires, conduit, mounting brackets, and support equipment, shall not be visible in any direction (360 degrees) from a public right-of-way or adjacent residential property, as may be seen from a point six feet above ground level so that all equipment is adequately screened from public view(s) including at higher elevations, and mounted either inside the building or structure, or behind screening elements and not on the exterior face of the building or structure.

b. Screening materials shall match in color, size, proportion, style, and quality with
the exterior design and architectural character of the structure and the
surrounding visual environment. The review authority may condition additional
screening to avoid adverse impacts to views from land or buildings at higher
elevations.

c. When a personal wireless service facility is proposed within an existing or new
architectural feature such as a steeple, religious symbol, tower, cupola, clock
tower, sign tower, etc., the facility shall be architecturally compatible with the
existing structure or building.

2. Class 2 (Visible) Installations.

a. Building or structure mounted antennas shall be painted or otherwise coated to
match or complement the predominant color of the structure on which they are
mounted and shall be compatible with the architectural texture and materials of
the building to which the antennas are mounted. No cables, wires, conduit,
mounting brackets or any other associated support equipment shall be visible.

b. All antenna components and support equipment shall be treated with exterior
coatings of a color and texture to match the predominant visual background and/
or adjacent architecture so as to visually blend in with the surrounding
development. Subdued colors and non-reflective materials that blend with
surrounding materials and colors shall be used.

3. Class 3 (Public Right-of-Way) Installations. A facility within the public right-of-way
shall comply with Chapter 13.22 (Personal Wireless Service Facilities in the Public
Right-of-Way).

4. Class 4 (Freestanding Structure) Installations.

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City of Newport Beach, CA § 20.49.070 NEWPORT BEACH CODE § 20.49.070

a. The installation of new lattice towers or monopoles with visible antennas or
antenna arrays is strongly discouraged due to the negative visual effects of such
facilities. Preferred monopole designs include fully screened antennas without
visible brackets, cables, or conduit. Additionally, any lattice tower or monopole
should be sited in the least obtrusive location as practicable.

b. The construction of new freestanding structures such as signs, monoliths,
pyramids, light houses, or other similar vertical structures shall be designed and
sited to appropriately complement a site and screen all elements of the personal
wireless service facility.

c. The installation of artificial rocks shall match in scale and color with other rock
outcroppings in the general vicinity of the proposed site. An artificial rock
screen may not be considered appropriate in areas that do not have natural rock
outcroppings.

d. The installation of artificial trees or shrubbery is strongly discouraged if they
appear unnatural to the average reasonable observer. When an artificial tree or
shrubbery is proposed, it shall be designed for and located in a setting that is
compatible with the proposed screening method. Such installations shall be
situated so as to utilize existing natural or manmade features including
topography, vegetation, buildings, or other structures to provide the greatest
amount of visual screening. All antennas and antenna supports shall be
contained within the canopy of the tree design or other vegetation comparable
to that being replicated by the proposed screening elements. Finally, new
comparable living vegetation may be conditioned to enhance the artificial tree
or shrubbery screening elements.

e. Flagpoles shall not exceed 24 inches in width at the base of the flagpole and
shall not exceed 20 inches in width at the top of the flagpole.

5. Class 5 (Temporary) Installations. A temporary personal wireless service facility
installation may require screening to reduce visual impacts depending on the duration
of the permit and the setting of the proposed site. If screening methods are determined
to be necessary by the review authority, the appropriate screening methods will be
determined through the application review and permitting process in consideration of
the temporary nature of the facility.

6. Support Equipment. All support equipment associated with the operation of any
personal wireless service facility shall be placed or mounted in the least visually
obtrusive location practicable and shall be screened from view.

a. Building-Mounted Personal Wireless Service Facilities. For building or
structure mounted antenna installations, support equipment for the facility may
be located inside the building, in an underground vault, or on the roof of the
building that the facility is located on; provided, that both the equipment and
any screening materials are architecturally compatible and/or painted the color
of the building, roof, and/or surroundings.

b. Roof-Mounted Personal Wireless Service Facilities. All screening materials for
roof-mounted facilities shall be of a quality and design compatible with the
architecture, color, texture and materials of the building to which it is mounted.

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City of Newport Beach, CA § 20.49.070 PLANNING AND ZONING § 20.49.080

The review authority may condition additional screening to avoid adverse
impacts to views from land or buildings at higher elevations.

c. Freestanding Personal Wireless Service Facilities. For freestanding facilities
installations, not mounted on a building or structure, support equipment for the
facility may be visually screened by locating the support equipment in a fully
enclosed building, underground vault, or security enclosure consisting of walls
and/or landscaping.

d. Landscaping. All wall and landscaping materials shall be selected so that the
resulting screening will be visually integrated with the architecture and
landscape architecture of the surrounding area.

e. Screen Enclosures. Screening enclosures shall be made of non-reflective material and painted to blend with surrounding materials and colors. Additionally, screening enclosures shall utilize graffiti-resistant and climb- resistant vinyl-clad chain link with a "closed-mesh" design with no more than one-inch gaps or an alternate enclosure design approved by the review authority.

f. Undergrounding and Venting. If placed in an underground vault, flush-to-grade
vents, or alternatively, vents may extend no more than 24 inches above the
finished grade and shall be screened from public view.
(Ord. 2026-7, 6/23/2026)

A. Notice.

1. Hearing Notices. An application for a MUP, CUP, or LTP shall require public notice
in accordance with Chapters 20.52 and 20.62 prior to a public hearing and decision
on any application for a personal wireless service facility.

2. Decision Notices. After the review authority approves, conditionally approves or
denies an application for a personal wireless service facility or before the FCC
timeframe for review expires (whichever occurs first), the review authority shall send
a written determination to the applicant and any other party entitled to receive notice.

B. General Findings for Approval. The review authority may approve or conditionally
approve an application for a personal wireless service facility only after first making the
applicable required findings for a MUP or CUP pursuant to Section 20.52.020, or LTP
pursuant to Section 20.52.040, along with each of the following findings:

1. The proposed personal wireless service facility is visually compatible with the
surrounding neighborhood;

2. The proposed personal wireless service facility complies with height, location and
design standards, as provided in this chapter;

3. The proposed personal wireless service facility complies with all applicable
development standards described in Section 20.49.070;

4. The applicant demonstrates that the proposed facility complies with all applicable
FCC rules and regulations for human exposure to RF emissions;

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City of Newport Beach, CA § 20.49.080 NEWPORT BEACH CODE § 20.49.090

5. The applicant demonstrates a good-faith effort to identify and evaluate more-
preferred locations and potentially less-intrusive designs; and

6. The applicant has provided the review authority with a meaningful comparative
analysis that reasonably shows less-intrusive alternative locations and designs
identified in the administrative record are either technically infeasible or not
potentially available.

C. Findings to Increase Height. The review authority may approve or conditionally approve
an application for a personal wireless service facility to exceed the maximum allowable
height by no more than 15 feet only after making the findings set forth in subsection B of
this section, the applicable required findings for a MUP or CUP pursuant to Section
20.52.020, or LTP pursuant to Section 20.52.040, and each of the following findings:

1. The increased height will not result in undesirable or abrupt scale changes or
relationships being created between the proposed personal wireless service facility
and existing adjacent developments or public spaces;

2. Establishment of the personal wireless service facility at the requested height is
necessary to provide service;

3. The personal wireless service facility complies with the height restrictions or
conditions, if any, required by the FAA; and

4. The personal wireless facility complies with Section 20.30.060E.

D. Conditional Approvals. The review authority may impose any reasonable conditions on any
MUP, CUP or LTP related and proportionate to the subject matter in the application, as the
review authority deems necessary or appropriate to promote and ensure conformance with
the General Plan, any applicable specific plan and all applicable provisions in this Code.

E. Appeals. Except for an AC, any appeal of the decision of the review authority of an
application for a personal wireless service facility shall be processed in compliance with
Chapter 20.64. Notwithstanding the foregoing, the environmental effects from RF
emissions that comply with all applicable FCC regulations shall not be grounds for an
appeal.
(Ord. 2026-7, 6/23/2026)

In addition to all other conditions adopted by the review authority and required by this Code, all personal wireless service facilities, whether approved by the approval authority or deemed approved by the operation of law, shall be automatically subject to the following:

A. Approved Plans. Before the permittee submits any applications to the Building Division, the permittee must incorporate the permit, all conditions associated with the permit and the approved photo simulations into the project plans (the "Approved Plans"). The permittee must construct, install and operate the facility in strict compliance with the Approved Plans. Any alterations, modifications or other changes to the Approved Plans, whether requested by the permittee or required by other departments or public agencies with jurisdiction over the facility, must be submitted in a written request subject to the Director's prior review and approval, who may refer the request to the original review authority if the Director finds

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City of Newport Beach, CA § 20.49.090 PLANNING AND ZONING § 20.49.090

that the requested alteration, modification or other change implicates a significant or
substantial land-use concern.

B. Build-Out Period. In accordance with Section 20.54.060, the permit shall automatically
expire two years from the issuance date unless the permittee obtains all other permits and
approvals required to install, construct and/or operate the approved facility, which includes,
without limitation, any permits or approvals required by any federal, state or local public
agencies with jurisdiction over the subject property, the facility or its use. The Director may
grant one written extension to a date certain when the permittee shows good cause to extend
the limitations period in a written request for an extension received by the City prior to the
automatic expiration date in this condition.

C. Maintenance. The permittee shall at all times keep the site, which includes, without
limitation, any and all improvements, equipment, structures, access routes, fences and
landscape features, in a neat, clean and safe condition in accordance with the Approved
Plans and all conditions of the permit. The permittee shall keep the site area free from all
litter and debris at all times. The permittee, at no cost to the City, shall remove and
remediate any graffiti or other vandalism at the site within 48 hours after the permittee
receives notice or otherwise becomes aware through its own staff including contractors that
such graffiti or other vandalism occurred.

D. Compliance with Laws. The permittee shall comply at all times with all federal, state and
local statutes, regulations, orders or other rules that carry the force of law applicable to the
permittee, the subject property, the facility or any use or activities in connection with the
use authorized in the permit. The permittee expressly acknowledges and agrees that this
obligation is intended to be broadly construed and that no other specific requirements in
these conditions are intended to reduce, relieve or otherwise lessen the permittee's
obligations to maintain compliance with all laws.

E. Inspections; Emergencies. The permittee expressly acknowledges and agrees that the City
or its designee may enter onto the site and inspect the improvements and equipment upon
reasonable prior notice to the permittee; provided, however, that the City or its designee
may, but shall not be obligated to, enter onto the site area without prior notice to support,
repair, disable or remove any improvements or equipment in emergencies or when such
improvements or equipment threatens actual, imminent harm to property or persons. The
permittee shall be permitted to supervise the City or its designee while such inspection or
emergency access occurs.

F. Contact Information. The permittee shall furnish the City Planning Division with accurate
and up-to-date contact information for the facility, which includes, without limitation,
direct telephone number and/or an email address. The permittee shall keep such contact
information up to date at all times.

G. Insurance and Indemnification. The permittee shall meet all insurance requirements and
defend, indemnify and hold harmless the City pursuant to Chapter 1.07.

H. Revocation/Modification of Permit. The original review authority may revoke or modify
the permit based upon noncompliance with the Code or any approval conditions in
accordance with Chapter 20.68.

I. Duty to Retain Records. The permittee shall maintain complete and accurate copies of all
permits and other regulatory approvals (the records) issued in connection with the personal

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City of Newport Beach, CA § 20.49.090 NEWPORT BEACH CODE § 20.49.100

wireless service facility, which includes, without limitation, the approval, the Approved Plans and photo simulations incorporated into this approval, all conditions associated with this approval and any ministerial permits or approvals issued in connection with this approval. If the permittee does not maintain such records as required in this condition or fails to produce true and complete copies of such records within a reasonable time after a written request from the City, any ambiguities or uncertainties that would be resolved through an inspection of the missing records shall be construed against the permittee. (Ord. 2026-7, 6/23/2026)

A. Temporary Personal Wireless Service Facilities—Non-Emergencies. The Zoning Administrator may approve or conditionally approve an LTP for a temporary personal wireless service facility for a period between four days and 90 days, inclusive, in accordance with Section 20.52.040, only when the Zoning Administrator finds all the following:

1. The proposed temporary personal wireless service facility shall not exceed 50 feet in
overall height above ground level;

2. The proposed temporary personal wireless service facility complies with all setback
requirements applicable to the proposed location;

3. The proposed temporary personal wireless service facility shall not involve any
excavation or ground disturbance;

4. The proposed temporary personal wireless service facility shall be compliant with all
generally applicable public health and safety laws and regulations, which include,
without limitation, maximum permissible exposure limits for human exposure to RF
emissions established by the FCC;

5. The proposed temporary personal wireless service facility shall not create any
nuisance or violate any noise limits applicable to the proposed location;

6. The proposed temporary personal wireless service facility shall be identified with a
sign that clearly identifies the site permittee and contains a working telephone number
to a live person who can exert power-down control over the antennas;

7. The proposed wireless temporary personal wireless service facility shall be removed
within five days after the expiration of the temporary use permit;

8. The applicant has not received any other temporary use permit for substantially the
same location within the previous 90 calendar days; and

9. The applicant has not sought approval for any permanent personal wireless service
facility in substantially the same location within the previous 365 days.

B. Temporary Personal Wireless Service Facilities—Emergencies.

1. The Director may approve or conditionally approve the placement and operation of a
temporary personal wireless service facility within the City for more than three days
without a limited term permit only when a duly-authorized federal, state, county or
City official declares an emergency within the City, or a region that includes the City

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City of Newport Beach, CA § 20.49.100 PLANNING AND ZONING § 20.49.110

in whole or in part at the location of the temporary personal wireless service facility.

2. The temporary personal wireless service facility shall prominently display upon it a legible notice identifying the entity responsible for the placement and operation of the temporary personal wireless service facility. 3. Any temporary personal wireless service facilities placed pursuant to this subsection B shall be removed within by the permittee: (a) five days after the date the emergency is lifted; or (b) upon three days' written notice from the Director or City Manager; or (c) within one hour if required for public safety reasons by City police or fire officials (whichever occurs first). If the temporary facility is not removed as required in this subsection B, the City may elect to remove and either store or dispose of the temporary facility at the sole cost and risk of the permittee. C. Temporary Personal Wireless Service Facilities—Construction. 1. The Director may approve or conditionally approve a temporary personal wireless service facility without a limited term permit only if they coincide with an active building permit for construction on the same site. This exception applies only when necessary to maintain pre-existing coverage while a permanent facility is being impacted by construction. 2. The temporary personal wireless service facility shall prominently display upon it a legible notice identifying the entity responsible for the placement and operation of the temporary personal wireless service facility. 3. The proposed temporary personal wireless service facility shall not exceed 50 feet in overall height above ground level. 4. Any temporary personal wireless service facility placed pursuant to this subsection C shall be removed, at no cost to the City, by the permittee within: (a) five days after the date the relevant building permit receives final inspection; (b) upon three days' written notice from the Director or City Manager; or (c) within one hour if required for public safety reasons by City police or fire officials (whichever occurs first). If the temporary facility is not removed as required in this subsection C, the City may elect to remove and either store or dispose of the temporary facility at the sole cost and risk of the permittee. D. By placing a temporary personal wireless service facility pursuant to this section, the entity or person placing the temporary personal wireless service facility agrees to and shall meet all insurance requirements and defend, indemnify and hold harmless the City pursuant to Chapter 1.07. (Ord. 2026-7, 6/23/2026)

A. Discontinued Use. Any permittee who intends to discontinue use of a personal wireless service facility shall notify the Director by certified mail no less than 30 days prior to such discontinuation of use. The permittee or owner of the affected real property shall have 90 days from the date of discontinuation, or a reasonable additional time as may be approved by the Director, within which to complete one of the following actions:

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City of Newport Beach, CA § 20.49.110 NEWPORT BEACH CODE § 20.49.110

1. Reactivate use of the personal wireless service facility.

2. Transfer the rights to use the personal wireless service facility to another permittee
and the new permittee commences use within a reasonable period of time as
determined by the Director.

3. Remove the personal wireless service facility and restore the site.

B. Abandonment. Any personal wireless service facility that is not operational for six months
or more and has not been removed in accordance with subsection A of this section shall be
deemed abandoned. Upon a finding of abandonment, the City shall provide notice to the
permittee last known to use such facility and, if applicable, the owner of the affected real
property, providing 30 days to complete one of the following actions:

1. Reactivate use of the personal wireless service facility;

2. Transfer the rights to use the personal wireless service facility to another permittee
who has agreed to reactivate the facility within 30 days of the transfer; or

3. Remove the personal wireless service facility and restore the site.

C. Removal by City.

1. The City may remove an abandoned personal wireless service facility, repair any and
all damage to the premises caused by such removal, and otherwise restore the
premises to comply with applicable codes at any time after 30 days following the
notice of abandonment.

2. If the City removes an abandoned personal wireless service facility, the City may, but shall not be required to, store the removed facility or any part thereof. The owner of the premises upon which the abandoned facility was located and all prior permittees of the facility shall be jointly liable for the entire cost of such removal, repair, restoration and storage, and shall remit payment to the City promptly after demand therefor is made. In addition, the City Council, at its option, may utilize any financial security required in conjunction with granting the permit as reimbursement for such costs. Also, in lieu of storing the removed facility, the City may convert it to the City's use, sell it, or dispose of it in any manner deemed by the City to be appropriate.

D. City Lien on Property. Until the cost of removal, repair, restoration, and storage is paid in
full, a lien shall be placed on the abandoned personal property and any real property on
which the personal wireless service facility was located for the full amount of all costs
incurred by the City for the removal, repair, restoration and storage. The City Clerk shall
cause the lien to be recorded with the Orange County Recorder, with the costs of filing,
processing, and release of such City lien being added to the other costs listed in this
subsection.
(Ord. 2026-7, 6/23/2026)

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City of Newport Beach, CA § 20.50.010 PLANNING AND ZONING § 20.50.030

Part 5

Planning Permit Procedures