Newport Beach Municipal Code Ch. 13.22 Personal Wireless Service Facilities in the Public Right-of-Way

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 within the public right-of-way, consistent with and to the extent permitted under federal and state law. The requirements of this chapter are intended and shall 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 addresses batch processing standards for substantially similar broadband projects.

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 Communication 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. 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.

"Antenna"

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 radiofrequency 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).

"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.

"FCC"

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

"Master license agreement"

means a contractual agreement between the City, acting in its proprietary capacity, and an applicant that establishes the uniform terms, conditions, and procedures governing the use of City property or infrastructure within the public right- of-way to construct, install, modify, collocate, relocate, or otherwise deploy personal wireless service facilities.

"Modify"

means changing an existing personal wireless service facility in any manner including, but not limited to, increasing the power output of the personal wireless service facility and physical changes to the personal wireless service facility.

"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 wireless facility permit or Section 6409(a) permit to construct, install, modify, collocate, relocate, or otherwise deploy personal wireless service facilities in the public right-of-way.

"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 facility permit"

means a permit issued pursuant to Section 13.22.080 by the City to install a personal wireless service facility at a specific location(s) in the City's public right-of-way.

"Personal wireless service 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 defined in Section 13.20.020 of this Code, which currently defines the term as the improved or unimproved surface of 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.

"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).

"Section 6409(a) permit" or "6409(a) permit"

means the City's formal authorization granted for an applicant's eligible facilities request.

"Site"

means the same as 47 C.F.R. Section 1.6100(b)(6), as may be amended.

"Substantial change" or "substantially change the physical dimensions"

means the same as defined 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:

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' 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;

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;

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;

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;

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

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. 1.6100(b)(7)(i)-(iv).

"Tower"

means the same as defined in 47 C.F.R. Section 1.6001(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 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 47 U.S.C. Section 303(v), as may be amended.

"Wireless Telecommunications Encroachment Permit"

means a temporary encroachment permit granted by the Public Works Director to utilize a limited portion of the public right-of- way for the installation of a personal wireless facility, as approved under a valid wireless facility permit.

(Ord. 2026-7, 6/23/2026)

This chapter applies to any personal wireless service facility or 6409(a) facility in the public right-of-way as follows:

A. Any personal wireless service facility or 6409(a) facility proposed to be located within the public right-of-way.

B. Any application for a personal wireless service facility or 6409(a) facility for which an approval or permit has not been issued prior to the effective date of this chapter.

C. Exempt Facilities. Notwithstanding the foregoing, the provisions of this chapter shall not apply to any:

1. Personal wireless service facility, 6409(a) facility, or equipment owned and operated by California Public Utilities Commission-regulated electric companies for use in connection with electrical power generation, transmission, and distribution facilities subject to California Public Utilities Commission General Order 131-E, as may be amended;

2. Personal wireless service facility or 6409(a) facility that is constructed for City use or by the City to exclusively provide unlicensed wireless services including Wi-Fi;

3. Personal wireless service facility or 6409(a) facility that is installed or operated under the direction of the City or a City contractor;

4. Personal wireless service facility or 6409(a) facility used solely for wireless- based reading of water, gas, or electric meters;

5. Amateur radio facility(ies);

6. OTARD antenna(s);

7. Entity legally entitled to an exemption pursuant to state or federal law or governing franchise agreement; and

8. Personal wireless service facility or 6409(a) facility, or portion thereof, that is preempted by, or would otherwise violate, applicable federal or state law. Notwithstanding the foregoing, an exempt personal wireless service facility or 6409(a) facility shall be subject to the Public Works Director's determination that it be designed to minimize the extent of non-conformity with this Code.

(Ord. 2026-7, 6/23/2026)

The City Council authorizes the Public Works Director to develop and update from time to time the Public Right-of-Way Personal Wireless Service Facility Standards and Regulations, permit application forms, checklists, informational handouts and other related documents to implement this chapter. The City Council further authorizes the Public Works Director to establish reasonable written rules and regulations, which may include, without limitation, regular hours for appointments with applicants and/or submittals without appointments, and inspection procedures, as the Public Works Director deems necessary or appropriate to organize, document, and manage the application, permitting, construction, and other processes related to personal wireless service facilities or 6409(a) facilities.

(Ord. 2026-7, 6/23/2026)

A. Personal Wireless Facility Permit. A personal wireless facility permit shall be obtained prior to constructing, installing, modifying, collocating, relocating, or otherwise deploying a personal wireless service facility in the public right-of-way, except a 6409(a) facility regulated pursuant to Section 13.22.090 of this chapter. In the coastal zone, in addition to a wireless facility permit, a coastal development permit or de minimis waiver may be required for the deployment of a personal wireless services facility pursuant to Chapters 21.49 (Wireless Telecommunication Facilities) and 21.52 (Coastal Development Permit Review Procedures).

B. 6409(a) Permit. A 6409(a) permit shall be obtained for an eligible facilities request pursuant to Section 13.22.090 of this chapter.

C. Master License Agreement. Notwithstanding subsections A and B of this section, a personal wireless service facility or 6409(a) facility is exempt from obtaining a personal wireless facility permit or 6409(a) permit provided the applicant and City have entered into the master license agreement template adopted by the City Council and approved as to form by the City Attorney. Any personal wireless facility or 6409(a) facility subject to the master license agreement shall comply with all other provisions of this chapter.

D. Wireless Telecommunications Encroachment Permit. No work in the public right-of-way shall occur unless a wireless telecommunications encroachment permit has been issued by the Public Works Director for the work described therein.

E. Other Permits and Regulatory Approvals. The applicant shall obtain all other required permits and approvals from other City departments, and state and federal agencies.

F. Proprietary Approvals. Nothing in this chapter shall be deemed to waive any required approvals for siting of personal wireless service facilities on privately or publicly owned property or improvements.

G. Non-Exclusive Grant. No permit or approval granted under this chapter shall confer any exclusive right, privilege, license or franchise to occupy or use the public right-of-way of the City for any purpose whatsoever.

(Ord. 2026-7, 6/23/2026)

A. Application Requirement. The City shall not accept, approve, or deny any personal wireless service facility or 6409(a) facility except upon a duly filed application pursuant to this chapter and the Public Right-of-Way Personal Wireless Service Facility Standards and Regulations.

B. Application Form and Fees. An application for a personal wireless service facility or 6409(a) facility request shall be filed with the Public Works Department on the appropriate forms, together with all required fees and/or deposits and all other information and materials specified by the Public Works Director for the application.

C. Any application proposing a new pole within the public right-of-way must include information to demonstrate that the new pole complies with the findings outlined in Section 13.22.100.

D. Batch Applications. An applicant may submit one batched application at a time, consisting of a maximum of 50 separate personal wireless service facility applications. Each application in a batch shall meet all the requirements for a complete application, which includes without limitation the application fee for each application in the batch and the submittal of separate materials for each facility. Any incomplete application shall be deemed withdrawn in accordance with Section 13.22.070 of this chapter. A new batch or application for a site with an existing application is prohibited until the prior batched application has been denied, deemed withdrawn, or approved.

E. Wireless Telecommunications Encroachment Permit Applications. An application for a wireless telecommunications encroachment permit shall comply with the procedures stated in this chapter, and an application may be presented in person at any time that the Public Works counter is open to the public.

(Ord. 2026-7, 6/23/2026)

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 withdrawn unless the applicant provides all required information within 60 days of City's written notification of incompletion. If the applicant submits a written request for extension showing good cause prior to the sixtieth day, the Public Works Director may grant a written extension of no more than an additional 30 days.

(Ord. 2026-7, 6/23/2026)

A. Decision Notices. Within five days of the Public Works Director's approval, conditional approval, or denial of a personal wireless facility permit application, the Public Works Director shall transmit a written determination to the applicant and post the written determination on the City's website. For any denial notice, the Public Works Director shall include the grounds for denial of the application.

B. Required Determinations for Approval. The Public Works Director shall only approve or conditionally approve a duly filed application for a wireless facility permit if the Public Works Director determines that the project, as submitted or modified, conforms to all the following criteria:

1. The proposed personal wireless service facility complies with all applicable requirements described in this chapter and the Public Right-of-Way Personal Wireless Service Facility Standards and Regulations; and

2. The proposed personal wireless service facility complies with all other laws, including, without limitation, state and federal law.

The inability to make one or more of the findings required in this chapter is grounds for denial of an application.

C. Conditional Approvals. The Public Works Director may impose reasonable condition(s) on any personal wireless service facility permit, deemed necessary or appropriate for the preservation of the public health and safety.

(Ord. 2026-7, 6/23/2026)

A. Decision Notices. Within five days of the Public Works Director approval, conditional approval, or denial of a Section 6409(a) permit application, the Public Works Director shall transmit a written determination to the applicant. Additionally, within five days of the Public Works Director approval, conditional approval, or denial of a 6409(a) permit application, the Public Works Director shall post the written determination on the City's website. For any denial notice, the Public Works Director shall state the grounds for denial of the application.

B. Required Determinations for Approval. The Public Works Director shall only approve or conditionally approve a duly filed application for a 6409(a) permit if the Public Works Director determines that the project, as submitted or modified, conforms to all the following criteria:

1. The personal wireless service facility where the proposed 6409(a) facility will be located complies with all applicable requirements described in this chapter and the Public Right-of-Way Personal Wireless Service Facility Standards and Regulations;

2. The personal wireless service facility and proposed 6409(a) facility complies with all other laws, including, without limitation, state and federal law;

3. The 6409(a) permit application meets the criteria of an eligible facilities request; and

4. The 6409(a) permit application does not substantially change the physical dimensions of a wireless tower or base station.

The inability to make one or more of the determinations required in this chapter is grounds for denial of an application.

C. Conditional Approvals. As permitted by law, the Public Works Director may impose conditions on any 6409(a) permit for the preservation of public health and safety.

(Ord. 2026-7, 6/23/2026)

New poles in the public right-of-way to accommodate a personal wireless service facility that are not replacing an existing pole are prohibited unless the Public Works Director makes all of the following findings:

A. The facility qualifies as a personal wireless service facility as defined in this chapter;

B. The applicant provides a reasonable and clearly defined technical service objective to be achieved by the facility;

C. The applicant provides the Public Works Director with a meaningful comparative analysis with the factual reasons why all alternative locations and/or designs identified in the administrative record (whether suggested by the applicant, the City, or any other source) are not technically feasible or potentially available to reasonably achieve the applicant's reasonable and clearly defined technical service objective(s) to be achieved by the proposed facility; and

D. The applicant demonstrates that the proposed location and design is the least non-compliant configuration that shall reasonably achieve the applicant's reasonable and clearly defined technical service objective(s) to be achieved by the proposed facility, which includes, without limitation, a meaningful comparative analysis into multiple smaller or less intrusive facilities dispersed throughout the intended service area.

(Ord. 2026-7, 6/23/2026)

A. Wireless Facility Permits and 6409(a) Permits.

1. Expiration. Unless a shorter period is provided herein or if preempted by law, a personal wireless service facility permit or 6409(a) permit shall be valid for a period of 10 years from the date of issuance, unless such permit is terminated pursuant to Section 13.22.160, revoked pursuant to Section 13.22.180, or becomes null and void pursuant to subsection A.3 of this section. At the end of 10 years from the date of issuance, the personal wireless facility permit, or 6409(a) permit shall automatically expire.

2. Permit Renewal. A permittee may apply for a new personal wireless service facility permit or 6409(a) permit renewal no earlier than 18 months nor later than six months prior to expiration of the expiring personal wireless facility permit or 6409(a) permit. Said application and proposal shall comply with the City's Code and application requirements in effect at the time of said application.

3. Time to Obtain Wireless Facility Encroachment Permit. For any personal wireless facility permit or 6409(a) permit granted under this chapter, the permittee shall obtain a wireless facility encroachment permit to perform the work within 180 days of issuance of the personal wireless facility permit or 6409(a) permit. Failure to obtain a wireless facility encroachment permit pursuant to this section shall automatically render the personal wireless facility permit or 6409(a) permit null and void.

B. Wireless Facility Encroachment Permit.

1. Time to Commence Work. For any wireless facility encroachment permit granted under this chapter, the permittee shall commence work within one calendar year from the date of issuance of the personal wireless facility permit or 6409(a) permit and complete the work within 180 days from the date of commencement.

2. Extensions. The Public Works Director may grant a maximum of three written extensions of time from the stated periods in subsection B.1 of this section, if the permittee provides good cause for the extension. An extension, if granted, may be for up to an additional 60 days.

3. Permit Renewal. Before any work authorized under an expired wireless facility encroachment permit may resume, the permittee shall file an application for a personal wireless service facility permit renewal or Section 6409(a) permit renewal pursuant to the Public Right-of-Way Wireless Facility Standards and Regulations. Renewal of a personal wireless service facility permit, or Section 6409(a) permit shall be subject to a renewal fee and the Public Right-of-Way Wireless Facility Standards and Policies in effect at the time of filing for the renewal.

(Ord. 2026-7, 6/23/2026)

If an application is deemed approved by any rule of law or regulation, all applicable requirements of this chapter, including those requirements set forth in the Public Right-of-Way Personal Wireless Service Facility Standards and Regulations in effect at the time of the deemed approval, and any other applicable laws, including, without limitation, standard conditions of approval, shall automatically attach and apply as permit conditions to the personal wireless service facility or 6409(a) facility.

(Ord. 2026-7, 6/23/2026)

A. FCC Compliance. The City shall not approve any personal wireless service facility permit or 6409(a) permit that does not demonstrate planned compliance with the FCC's regulations concerning radio frequency exposure.

B. Pre-Installation Reporting. As part of any application required under this chapter, the applicant shall provide the City with a radio frequency electromagnetic energy report pursuant to the requirements set forth in the Public Right-of-Way Personal Wireless Service Facility Standards and Regulations.

C. Post-Installation Certification. Within 30 days of commencing operation of a new or modified personal wireless service facility or 6409(a) facility, the permittee shall provide to the Public Works Director a post-installation certification confirming, under penalty of perjury, that the actual emissions from the personal wireless service facility or 6409(a) facility do not exceed that disclosed in the pre-installation report submitted pursuant to subsection B of this section.

(Ord. 2026-7, 6/23/2026)

Any personal wireless service facility or 6409(a) facility shall comply at all times with the following maintenance standards:

A. General Maintenance Standards. Any personal wireless service facility or 6409(a) facility shall be maintained in good condition, including ensuring the facilities are reasonably free of:

1. General dirt and grease;

2. Chipped, faded, peeling, and cracked paint;

3. Rust and corrosion;

4. Cracks, dents, and discoloration;

5. Missing, discolored, or damaged camouflage;

6. Graffiti, bills, stickers, advertisements, litter, and debris;

7. Broken and misshapen structural parts; and

8. Any damage from any cause.

B. Inspections, Reporting, and Correction of Deficiencies. The permittee of a personal wireless service facility or 6409(a) facility when directed by the City shall perform an inspection of the facility and submit a report to the Public Works Department. Additionally, the permittee shall complete any maintenance concerns identified by the City within 30 days of the City's written notice after which the City reserves the right to take any action it deems necessary to rectify the issue, at the permittee's expense. The burden is on the applicant to demonstrate that the facility complies with the requirements herein and the Public Right-of-Way Personal Wireless Service Facility Standards and Regulations.

(Ord. 2026-7, 6/23/2026)

If the City requires the services of a technical expert in processing any application received pursuant to this chapter, the applicant shall deposit a fee equal to the estimated cost of the consultant's services with the City. The City may require additional funds to cover the consultant's services required to process the application. If the actual fees exceed the amount deposited, the applicant shall pay the difference to the City. If the actual fees are less than the deposited fees, the applicant shall be refunded for the difference from the City. No permit for an approved project shall be issued until the applicant fully reimburses the City for the City's consultant costs required to process the application.

(Ord. 2026-7, 6/23/2026)

Notwithstanding the expiration dates provided in Section 13.22.110, any personal wireless facility permit or 6409(a) permit granted pursuant to this chapter may be terminated upon 12 months' prior written notice to the permittee, or less time in the event of an emergency situation as determined by the City, if the personal wireless service facility or 6409(a) facility interferes or will interfere with any public work of improvement that impacts the public right-of-way. If a permit granted under this chapter is terminated pursuant to this section any subsequent personal wireless service facility application within 500 feet will act as a replacement and shall not be subject to Section 13.22.100.

(Ord. 2026-7, 6/23/2026)

A. Removal and Restoration Requirement. A personal wireless service facility or 6409(a) facility that is considered abandoned pursuant to Section 13.22.180A.3 shall be promptly removed and the area restored to its prior condition at the permittee's sole cost and expense within 60 days. If there are two or more users of a single facility, then the duty to remove all equipment shall apply unless the Public Works Director determines that removal of the abandoned personal wireless service facility or 6409(a) facility would not be in the public interest.

B. Notice of Intent to Abandon. The owner of a facility shall notify the City in writing of its intent to abandon or cease use of a permitted site or a nonconforming site (including unpermitted sites) within 30 days of ceasing or abandoning use.

C. Penalties for Failure to Comply. Failure to inform the Public Works Director of cessation of operations or abandonment of any personal wireless service facility or 6409(a) facility as required by this section shall constitute a violation of any approvals and be grounds for:

1. Revocation or modification of the permit;

2. Acting on any bond or other assurance required by this article or conditions of approval of the permit;

3. Removal of the facilities by the City at the owner's expense; and/or

4. Any other remedies permitted under this Code or by law.

(Ord. 2026-7, 6/23/2026)

In addition to any other remedies provided by law, any permit granted under this chapter may be revoked or modified for cause in accordance with the provisions of this section.

A. Initiation and Grounds for Revocation or Modification. When the Public Works Director has reason to believe that grounds exist for the modification or revocation of a personal wireless service facility or 6409(a) facility, the Public Works Director shall provide written notice by mail thereof to the permittee setting forth a statement of the facts and grounds. The permittee shall have 15 days from the date the notice is sent to submit a written response and supporting documentation to the Public Works Director prior to the Public Works Director rendering a decision. The Public Works Director may revoke or modify the personal wireless service facility or 6409(a) facility based on any of the following grounds:

1. The permittee obtained approval by means of fraud or misrepresentation of a material fact;

2. The permittee has failed to construct, or has expanded or altered the permitted facility in a manner that is inconsistent with that set forth in the permit;

3. The personal wireless service facility or 6409(a) facility has not been operational for six months or more;

4. The permitted facility is out of compliance with any condition of a permit or provision of this chapter;

5. A substantive change of state or federal law or regulations materially affects a permittee's authority to occupy or use the public right-of-way or the City's ability to impose regulations relating to such occupation or use; or

6. The permitted facility is located on a utility pole or structure subject to removal pursuant to a lawfully approved utility undergrounding district or other rule or regulation.

B. Appeal. The permittee may request an administrative review by the City Manager within 15 calendar days of service of the Public Works Director's decision, in accordance with Section 1.08.080, by filing an appeal with the City Clerk.

C. Hearing. The City Manager shall conduct a hearing within 15 calendar days of service of the appeal.

1. The City Manager may affirm, modify, or reverse the decision of the Public Works Director, or impose conditions or alternative remedies, based on the record and any additional information deemed relevant to the purposes of this chapter.

2. Decisions under this section shall be upheld if supported by substantial evidence in the record.

3. The City Manager may consider the totality of the circumstances and the purposes of this chapter in making determinations.

4. The City Manager may consider any relevant evidence, whether or not it would be admissible in a court of law.

5. The decision of the City Manager shall be final as to the City but subject to judicial review pursuant to California Code of Civil Procedure Section 1094.5.

6. Failure to Participate. Failure of the appellant to appear at the appeal hearing shall be deemed a withdrawal of the appeal and a waiver of the right to exhaust administrative remedies.

D. Notice of Action. A written determination of revocation or modification shall be served on the permittee within 10 days of such determination.

(Ord. 2026-7, 6/23/2026)

A. Overview. The City at all times reserves the right to take any action it deems necessary, in its sole discretion, to repair, maintain, alter, or improve the public right-of-way. Such actions may temporarily or permanently interfere with the personal wireless service facility or 6409(a) facility. The City shall in all cases, other than emergencies, give the applicant written notification of such planned, non-emergency actions no fewer than 14 days prior to such actions.

B. Summary Removal. If the Public Works Director determines that the condition or placement of a personal wireless service facility or 6409(a) facility located in the public right-of-way constitutes a dangerous condition, obstruction of the public right-of-way, or an imminent threat to public safety, or determines other exigent circumstances require immediate corrective action (collectively, "exigent circumstances"), the Public Works Director may cause the personal wireless service facility or 6409(a) facility to be removed summarily and immediately without advance notice or a hearing. Written notice of the removal shall include the basis for the removal and shall be served upon the permittee and person who owns the facility within five business days of removal, and all property removed shall be preserved for the owner's pick-up as feasible. If the owner cannot be identified following reasonable effort or if the owner fails to pick up the property within 60 days, the personal wireless service facility or 6409(a) facility shall be treated as abandoned property subject to any disposal or reuse in the City's sole discretion.

C. Non-Liability for Removal. If the City removes a personal wireless service facility or 6409(a) facility pursuant to subsection B of this section, any such removal shall be without any liability to the City for any damage to such facility that may result from reasonable efforts of removal. The City has no obligation to restore the personal wireless service facility or 6409(a) facility. The permittee shall not have any claim if the City removes a personal wireless service facility or 6409(a) facility pursuant to subsection B of this section.

(Ord. 2026-7, 6/23/2026)

A. General Provisions. Upon the expiration date of the personal wireless service facility permit or 6409(a) permit, earlier termination or revocation of the permit or abandonment of the personal wireless service facility or 6409(a) facility, the permittee shall remove its personal wireless service facility or 6409(a) facility including appurtenances and restore the site to its natural condition except for any improvements to be retained by the City at its discretion. Any such retained improvements shall be purchased from the permittee for $1, and the parties will cooperate to effectuate this provision. Removal shall be in accordance with proper health and safety requirements and all ordinances, rules, and regulations of the City. The personal wireless service facility or 6409(a) facility shall be removed from the property, at no cost or expense to the City.

B. Restoration. Failure of the permittee, owner, or operator to promptly remove its facility and restore the property within 60 days after expiration, earlier termination or revocation of the permit, or abandonment of the facility, shall be a violation of this chapter. Upon a showing of good cause, an extension may be granted by the Public Works Director where circumstances are beyond the control of the permittee after expiration, earlier termination or revocation of the personal wireless service facility permit or 6409(a) permit, or abandonment of the facility. Further failure to abide by the timeline provided in this section shall be grounds for:

1. Acting on any security instrument required by this chapter or conditions of approval of permit;

2. Removal of the personal wireless service facility or 6409(a) facility by the City at the permittee, owner, or operator's expense; and/or

3. Any other remedies permitted under this Code or under state or federal law.

(Ord. 2026-7, 6/23/2026)

A. Insurance and indemnification. Permittee, including its agents and contractors, shall comply with Chapter 1.07 of this Code prior to the issuance of any permit required by this chapter.

B. Bond. Permittee shall pay for and provide a performance bond or other form of security approved by the City Attorney's Office, which shall be in effect until the personal wireless service facility or 6409(a) facility is fully and completely removed and the site returned to its original condition. The security instrument coverage shall include, but not be limited to, removal of the facility. The amount of the security instrument shall be calculated by the applicant in its submittal documents in an amount rationally related to the obligations covered by the bond and pursuant to the requirements set forth in the Public Right-of-Way Personal Wireless Service Facility Standards and Regulations.

(Ord. 2026-7, 6/23/2026)

In the event of an officially-declared federal, state, or local emergency, the Public Works Director, City Manager, or their designees may approve the installation and operation of a temporary personal wireless service facility (e.g., a cell on wheels, or "COW"), which is subject to such reasonable conditions that the City deems necessary.

(Ord. 2026-7, 6/23/2026)

A. Appeals. Decisions or determinations made by the Public Works Director pursuant to Section 13.22.100 or Section 13.22.180A may be appealed to the City Manager by any aggrieved applicant.

B. Decision Final. Notwithstanding subsection A of this section, all other decisions or determinations of the Public Works Director provided under this chapter shall be final as to the City but subject to judicial review pursuant to California Code of Civil Procedure Section 1094.5.

(Ord. 2026-7, 6/23/2026)