Chapter 14.28 — WIRELESS FACILITIES IN THE PUBLIC RIGHTS-OF-WAY

The purpose of this chapter is to establish a process for managing, and uniform standards for acting upon, requests for the placement of wireless facilities within the public rights-of-way the city consistent with the city's obligation to promote the public health, safety, and welfare, to manage the public rights-of-way, and to ensure that the public is not incommoded by the use of the public rights-of-way for the placement of wireless facilities. The city recognizes the importance of wireless facilities to provide high-quality communications service to the residents and businesses within the city, and the city also recognizes its obligation to comply with applicable federal and state law regarding the placement of personal wireless services facilities in its public rights-of-way. This chapter shall be interpreted consistent with those provisions. (Ord. 2105, 1/9/2025)

The terms used in this chapter shall have the following meanings:

Applicant. A person filing an application for placement or modification of a wireless facility in the public right-of-way.

Application. A formal request, including all required and requested documentation and information, submitted by an applicant to the city for a encroachment permit.

Director. The term "director" shall mean the city engineer of the city of Palm Springs.

Eligible facilities request shall have the meaning as set forth in 47 C.F.R. Section1.6100(b)(3), or any successor provision.

Encroachment permit. A permit issued pursuant to this chapter authorizing the placement or modification of a wireless facility of a design specified in the permit at a particular location within the ROW; and the modification of any existing support structure to which the wireless facility is proposed to be attached.

FCC. The Federal Communications Commission or its lawful successor.

Municipal infrastructure. City-owned or controlled property structures, objects, and equipment in the ROW, including, but not limited to, street lights, traffic control structures, banners, street furniture, bus stops, billboards, or other poles, lighting fixtures, or electroliers located within the ROW.

Permittee. Any person or entity granted a encroachment permit pursuant to this chapter.

Personal wireless services shall have the same meaning as set forth in 47 U.S.C. Section332(c)(7)(C)(i).

Personal wireless services facility means a wireless facility used for the provision of personal wireless services.

Public right-of-way or ROW shall have the same meaning as in Section 14.16.010 of the Palm Springs Municipal Code, but shall also include any portion of any road or public way which the city has the responsibility to maintain or manage.

Small cell facility shall have the same meaning as "small wireless facility" in 47 C.F.R.

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City of Palm Springs, CA

PALM SPRINGS CODE

§ 14.28.020

§ 14.28.030

1.6002(1), or any successor provision (which is a personal wireless services facility that meets the following conditions that, solely for convenience, have been set forth below):

• (1)

• The facility —

• a. Is mounted on a structure 50 feet or less in height, including antennas, as defined in 47 C.F.R. Section 1.1320(d), or

• b.

  • Is mounted on a structure no more than 10% taller than other adjacent structures, or
  • c. Does not extend an existing structure on which it are located to a height of more than 50 feet or by more than 10%, whichever is greater;

• (2) Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in 47 C.F.R. Section 1.1320(d)), is no more than three cubic feet in volume;

• (3) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume;

• (4)

• The facility does not require antenna structure registration under 47 C.F.R. Part 17;

• (5) The facility is not located on Tribal lands, as defined under 36 C.F.R. Section 800.16(x); and

• (6) The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 C.F.R. Section 1.1307(b).

Support structure. Any structure capable of supporting a base station.

Underground areas. Those areas where there are no electrical facilities or facilities of the incumbent local exchange carrier in the public right-of-way; or where the wires associated with the same are or are required to be located underground; or where the same are scheduled to be converted from overhead to underground. Electrical facilities are distribution facilities owned by an electric utility and do not include transmission facilities used or intended to be used to transmit electricity at nominal voltages in excess of 35,000 volts.

Utility pole. A structure in the ROW designed to support electric, telephone and similar utility lines. A tower is not a utility pole.

Wireless facility, or facility. The transmitters, antenna structures and other types of installations used for the provision of wireless services at a fixed location, including, without limitation, any associated tower(s), support structure(s), and base station(s).

Wireless infrastructure provider. A person that owns, controls, operates or manages a wireless facility or portion thereof within the ROW.

Wireless regulations. Those regulations adopted pursuant to Section 14.28.050 and implementing the provisions of this chapter.

Wireless Service Provider. An entity that provides personal wireless services to end users. (Ord. 2105, 1/9/2025)

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City of Palm Springs, CA

STREETS AND SIDEWALKS

§ 14.28.030

§ 14.28.040

• (a) In general. Unless exempted, every person who desires to place a wireless facility in the public rights-of-way or modify an existing wireless facility in the public rights-of-way must obtain an encroachment permit authorizing the placement or modification in accordance with this chapter. Except for small cell facilities, facilities qualifying as eligible facilities requests, or any other type of facility expressly allowed in the public right-of-way by state or federal law, no other wireless facilities shall be permitted pursuant to this chapter.

• (b) Exemptions. This chapter does not apply to:

  • (1) The placement or modification of facilities by the city or by any other agency of the state solely for public safety purposes.

  • (2) Installation of a "cell on wheels," "cell on truck" or a similar structure for a temporary period in connection with an emergency or event, but no longer than required for the emergency or event, provided that installation does not involve excavation, movement, or removal of existing facilities.

• (c) Other applicable requirements. In addition to the encroachment permit required herein, the placement of a wireless facility in the ROW requires the persons who will own or control those facilities to obtain all permits required by applicable law, and to comply with applicable law, including, but not limited to, applicable law governing radio frequency (RF) emissions.

• (d) Pre-existing facilities in the ROW. Any wireless facility already existing in the ROW as of the date of this chapter's adoption shall remain subject to the standards and conditions of the city code in effect prior to this chapter, unless and until a renewal of such facility's then-existing permit is granted, at which time the provisions of this chapter shall apply in full force going forward as to such facility. The review of any request for a renewal of a permit for such pre-existing facilities shall be conducted pursuant to this chapter, rather than the portion(s) of the city code that it was previously reviewed under.

• (e) Public use. Except as otherwise provided by California law, any use of the public right-ofway authorized pursuant to this chapter will be subordinate to the city's use and use by the public.

• (Ord. 2105, 1/9/2025)

• (a) Director. The director or their designee is responsible for administering this chapter. As part of the administration of this chapter, the director may:

  • (1) Interpret the provisions of this chapter;

  • (2) Develop and implement standards governing the placement and modification of wireless facilities consistent with the requirements of this chapter, including regulations governing collocation and resolution of conflicting applications for placement of wireless facilities;

  • (3) Develop and implement acceptable designs and development standards for wireless facilities in the public rights-of-way, taking into account the zoning districts bounding the public rights-of-way;

  • (4) Develop forms and procedures for submission of applications for placement or

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City of Palm Springs, CA § 14.28.040

PALM SPRINGS CODE

§ 14.28.050

modification of wireless facilities, and proposed changes to any support structure consistent with this chapter;

• (5) Determine the amount of and collect, as a condition of the completeness of any application, any fee established by this chapter;

• (6) Establish deadlines for submission of information related to an application, and extend or shorten deadlines where appropriate and consistent with state and federal laws and regulations;

• (7) Issue any notices of incompleteness, requests for information, or conduct or commission such studies as may be required to determine whether a permit should be issued;

• (8) Require, as part of, and as a condition of completeness of any application, notice to members of the public that may be affected by the placement or modification of the wireless facility and proposed changes to any support structure;

• (9) Subject to appeal as provided herein, determine whether to approve, approve subject to conditions, or deny an application; and

• (10) Take such other steps as may be required to timely act upon applications for placement of wireless facilities, including issuing written decisions and entering into agreements to mutually extend the time for action on an application.

• (b) Appeal.

  • (1) Notwithstanding Chapter 2.05 of the Palm Springs Municipal Code, any person adversely affected by the decision of the director pursuant to this chapter may appeal the director's decision to the city manager, who may decide the issues de novo, and whose written decision will be the final decision of the city. An appeal by a wireless infrastructure provider must be taken jointly with the wireless service provider that intends to use the personal wireless services facility. All appeals must be filed within two business days of the written decision of the director, unless the director extends the time therefore. An extension may not be granted where extension would result in approval of the application by operation of law. All appeals shall be filed in writing with the city clerk.

  • (2) Where the director grants an application based on a finding that denial would result in a prohibition or effective prohibition under applicable federal law, the director shall automatically file the decision with the city clerk for de novo review by the city manager and final decision.

  • (3) Any appeal shall be conducted so that a timely written final decision may be issued in accordance with applicable law.

• (Ord. 2105, 1/9/2025)

• (a) Generally. Wireless facilities in the ROW shall meet the minimum requirements set forth in this chapter and the wireless regulations, in addition to the requirements of any other applicable law.

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City of Palm Springs, CA

STREETS AND SIDEWALKS

§ 14.28.050

§ 14.28.060

• (b) Minimum standards. Wireless facilities shall be installed and modified in a manner that minimizes risks to public safety, avoids placement of aboveground facilities in underground areas, avoids installation of new support structures or equipment cabinets in the public rights-of-way, and otherwise maintains the integrity and character of the neighborhoods and corridors in which the facilities are located; ensures that installations are subject to periodic review to minimize the intrusion on the rights-of-way; and ensures that the city bears no risk or liability as a result of the installations, and that such use does not inconvenience the public, interfere with the primary uses of the rights-of-way, or hinder the ability of the city or other government agencies to improve, modify, relocate, abandon, or vacate the public rights-of-way or any portion thereof, or to cause the improvement, modification, relocation, vacation, or abandonment of facilities in the rights-of-way.

• (c) Location preferences. All applicants should, to the extent feasible, collocate new facilities and substantial changes to existing facilities with existing facilities.

• (d) Design standards. Permits for personal wireless services facilities shall incorporate specific concealment elements to minimize visual impacts and design requirements ensuring compliance with all standards for noise emissions. Unless it is determined that another design is less intrusive or placement is required under applicable law, wireless facilities shall be consistent in color and materials to the existing facilities on which it is collocated.

• (Ord. 2105, 1/9/2025)

• (a) Submission. Unless the wireless regulations provide otherwise, applicant shall submit a paper copy and an electronic copy of any application, amendments, or supplements to an application, or responses to requests for information regarding an application to: Public Works Director, at 3200 E Tahquitz Canyon Way, Palm Springs, CA 92262.

• (b) Pre-application meeting. Prior to filing an application for an encroachment permit, an applicant is encouraged to schedule a pre-application meeting with the director to discuss the proposed facility, the requirements of this chapter, and any potential impacts of the proposed facility.

• (c) Content. An application must contain:

  • (1) Any information required pursuant to the wireless regulations.

  • (2) The name of the applicant, its telephone number and contact information, and if the applicant is a wireless infrastructure provider, the name and contact information for the wireless service provider that will be using the personal wireless services facility.

  • (3) A complete description of the proposed wireless facility and the work that will be required to install or modify it, including, but not limited to, detail regarding proposed excavations, if any; detailed site plans showing the location of the wireless facility, and specifications for each element of the wireless facility, clearly describing the site and all structures and facilities at the site before and after installation or modification; and describing the distance to the nearest residential dwelling unit and any historical structure within 500 feet of the facility. Before and after 360-degree photosimulations must be provided.

  • (4) Documentation sufficient to show that the proposed facility will comply with

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City of Palm Springs, CA § 14.28.060

PALM SPRINGS CODE

§ 14.28.070

generally applicable health and safety provisions of the city code and the FCC's radio frequency emissions standards.

• (5) A copy of the lease or other agreement between the applicant and the owner of the property to which the proposed facility will be attached.

• (6) If the application is for a small cell facility, the application shall state as such and shall explain why the proposed facility meets the definition of small cell facility in this chapter.

• (7) If the application is for an eligible facilities request, the application shall state as such and must contain information sufficient to show that the application qualifies as an eligible facilities request, which information must show that there is an existing wireless facility that was approved by the city. Before and after 360-degree photosimulations must be provided, as well as documentation sufficient to show that the proposed facility will comply with generally applicable health and safety provisions of the city code and the FCC's radio frequency emissions standards.

• (8) Proof that notice has been mailed to owners and residents of all properties and multifamily dwelling unit(s) within 300 feet of the proposed personal wireless services facility.

• (9) If applicant contends that denial of the application would prohibit or effectively prohibit the provision of service in violation of federal law, or otherwise violate applicable law, the application must provide all information on which the applicant relies on in support of that claim. Applicants are not permitted to supplement this showing if doing so would prevent the city from complying with any deadline for action on an application.

  • (10) The electronic version of an application must be in a standard format that can be easily uploaded on a web page for review by the public.

  • (11) Any required fees.

• (d) Fees. Application fee(s) shall be required to be submitted with any application for an encroachment permit. The city council is hereby authorized to determine, or cause to be determined, the amount, type, and other terms of such fee(s) from time to time by means of resolution. Notwithstanding the foregoing, no application fee shall be refundable, in whole or in part, to an applicant for an encroachment permit unless paid as a refundable deposit.

• (e) Incompleteness. For personal wireless facilities and eligible facilities requests, applications will be processed, and notices of incompleteness provided, in conformity with state, local, and federal law. If such an application is incomplete, the director may notify the applicant in writing, and specifying the material omitted from the application.

• (Ord. 2105, 1/9/2025)

• (a) Findings required for approval.

  • (1) Except for eligible facilities requests, the director or city manager, as the case may be, shall approve an application if, on the basis of the application and other materials or evidence provided in review thereof, it finds the following:

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City of Palm Springs, CA

STREETS AND SIDEWALKS

§ 14.28.070

§ 14.28.080

• a. The facility is not detrimental to the public health, safety, and welfare;

• b. The facility complies with this chapter and all applicable design and development standards or grant of an exception is warranted; and

• c. The facility meets applicable requirements and standards of state and federal law.

• (2) For eligible facilities requests, the director or city manager, as the case may be, shall approve an application if, on the basis of the application and other materials or evidence provided in review thereof, it finds the following:

  • a. That the application qualifies as an eligible facilities request; and

  • b. That the proposed facility will comply with all generally applicable laws.

• (b) Findings required for exceptions. An exception to the requirements of this chapter may be granted, if it is determined that applicant has established that denial of an application would, within the meaning of federal law, prohibit or effectively prohibit the provision of personal wireless services, or otherwise violate applicable state or federal laws or regulations. If that determination is made, an exception may be granted but only to the minimum extent required to avoid the prohibition or violation.

• (c) Decisions. Decisions on an application by the director or city manager shall be in writing and include the reasons for the decision.

• (d) Independent consultants. The director or city manager, as the case may be, is authorized, in its discretion, to select and retain independent consultant(s) with expertise in telecommunications in connection with the review of any application under this chapter. Such independent consultant review may be retained on any issue that involves specialized or expert knowledge in connection with an application, including, but not limited to, application completeness or accuracy, structural engineering analysis, or compliance with FCC radio frequency emissions standards.

• (Ord. 2105, 1/9/2025)

• (a) Generally. In addition to any supplemental conditions imposed by the director or city manager, as the case may be, all permits granted pursuant to this chapter shall be subject to the following conditions, unless modified by the approving authority:

  • (1) Code compliance. The permittee shall at all times maintain compliance with all applicable federal, state and local laws, regulations and other rules, including, without limitation, those applying to use of public rights-of-way.

  • (2) Permit duration. An encroachment permit shall be valid for a period of 10 years, unless pursuant to another provision of the code or these conditions, it expires sooner or is terminated. At the end of 10 years from the date of issuance, such permit shall automatically expire, unless an extension or renewal has been granted. A person holding an encroachment permit must either: (i) remove the facility within 30 days following the permit's expiration (provided that removal of support structure owned by the city, a utility, or another entity authorized to maintain a support structure in the right-of-way need not be removed, but must be restored to its prior condition, except

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City of Palm Springs, CA § 14.28.080

PALM SPRINGS CODE

§ 14.28.080

as specifically permitted by the city); or (ii) at least 90 days prior to expiration, submit an application to renew the permit, which application must, among all other requirements, demonstrate that the impact of the wireless facility cannot be reduced. The wireless facility may remain in place until it is acted upon by the city and all appeals from the city's decision exhausted.

• (3) Timing of installation. The installation and construction authorized by an encroachment permit shall begin within one year after its approval, or it will expire without further action by the city. The installation and construction authorized by an encroachment permit shall conclude, including any necessary post-installation repairs and/or restoration to the ROW, within 30 days following the day construction commenced.

• (4) Commencement of operations. The operation of the approved facility shall commence no later than one month after the completion of installation, or the encroachment permit will expire without further action by the city.

• (5) As-built drawings. The permittee shall submit an as-built drawing within 90 days after installation of the facility.

• (6) Inspections—Emergencies. The city or its designee may enter onto the facility area to inspect the facility upon 48 hours prior notice to the permittee. The permittee shall cooperate with all inspections and may be present for any inspection of its facility by the city. The city reserves the right to enter or direct its designee to enter the facility and support, repair, disable, or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property. The city shall make an effort to contact the permittee prior to disabling or removing any facility elements, but in any case shall notify permittee within 24 hours of doing so.

• (7) Contact. The permittee shall at all times maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address and email address for at least one natural person.

• (8) Insurance. The permittee shall obtain and maintain throughout the term of the permit commercial general liability insurance with a limit of $1,000,000 per occurrence for bodily injury and property damage and $2,000,000 general aggregate including premises operations, contractual liability, personal injury, and products completed operations. The relevant policy(ies) shall name the city, its elected/appointed officials, commission members, officers, representatives, agents, and employees as additional insureds. The permittee shall use its best efforts to provide 30 days' prior notice to the city of to the cancellation or material modification of any applicable insurance policy.

• (9) Indemnities. The permittee and, if applicable, the owner of the property upon which the wireless facility is installed shall defend, indemnify and hold harmless the city, its agents, officers, officials, and employees: (i) from any and all damages, liabilities, injuries, losses, costs, and expenses, and from any and all claims, demands, law suits, writs of mandamus, and other actions or proceedings brought against the city or its agents, officers, officials, or employees to challenge, attack, seek to modify, set aside, void or annul the city's approval of the permit; and (ii) from any and all damages, liabilities, injuries, losses, costs, and expenses, and any and all claims, demands, law suits, or causes of action and other actions or proceedings of any kind or form,

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City of Palm Springs, CA

STREETS AND SIDEWALKS

§ 14.28.080

§ 14.28.080

whether for personal injury, death or property damage, arising out of or in connection with the activities or performance of the permittee or, if applicable, the property owner or any of each one's agents, employees, licensees, contractors, subcontractors, or independent contractors. In the event the city becomes aware of any such actions or claims the city shall promptly notify the permittee and, if applicable, the property owner and shall reasonably cooperate in the defense. The city shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the city's defense, and the property owner and/or permittee (as applicable) shall reimburse city for any costs and expenses directly and necessarily incurred by the city in the course of the defense. Such indemnification obligations will survive the expiration, revocation or other termination of this permit.

• (10) Performance bond. Prior to issuance of an encroachment permit, the permittee shall file with the city, and shall maintain in good standing throughout the term of the approval, a performance bond or other surety or another form of security for the removal of the facility in the event that the use is abandoned or the permit expires, or is revoked, or is otherwise terminated. The security shall be in the amount equal to the cost of physically removing the facility and all related facilities and equipment on the site, based on the higher of two contractor's quotes for removal that are provided by the permittee. The permittee shall reimburse the city for staff time associated with the processing and tracking of the bond, based on the hourly rate adopted by the city council. Reimbursement shall be paid when the security is posted and during each administrative review.

• (11) Adverse impacts on adjacent properties. Permittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification, and removal of the facility.

• (12) Noninterference. The permittee shall not move, alter, temporarily relocate, change, or interfere with any existing structure, improvement, or property without the prior consent of the owner of that structure, improvement, or property. No structure, improvement, or property owned by the city shall be moved to accommodate a permitted activity or encroachment, unless the city determines that such movement will not adversely affect the city or any surrounding businesses or residents, and the permittee pays all costs and expenses related to the relocation of the city's structure, improvement, or property. Prior to commencement of any work pursuant to an encroachment permit, the permittee shall provide the city with documentation establishing to the city's satisfaction that the permittee has the legal right to use or interfere with any other structure, improvement, or property within the public rightof-way or city utility easement to be affected by permittee's facilities.

• (13) No right, title, or interest. The permission granted by a encroachment permit shall not in any event constitute an easement on or an encumbrance against the public right-ofway. No right, title, or interest (including franchise interest) in the public right-ofway, or any part thereof, shall vest or accrue in permittee by reason of a encroachment permit or the issuance of any other permit or exercise of any privilege given thereby.

• (14) No possessory interest. No possessory interest is created by a encroachment permit. However, to the extent that a possessory interest is deemed created by a governmental entity with taxation authority, permittee acknowledges that city has given to permittee

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City of Palm Springs, CA § 14.28.080

PALM SPRINGS CODE

§ 14.28.080

notice pursuant to California Revenue and Taxation Code Section 107.6 that the use or occupancy of any public property pursuant to a encroachment permit may create a possessory interest which may be subject to the payment of property taxes levied upon such interest. Permittee shall be solely liable for, and shall pay and discharge prior to delinquency, any and all possessory interact taxes or other taxes, fees, and assessments levied against permittee's right to possession, occupancy, or use of any public property pursuant to any right of possession, occupancy, or use created by this permit.

• (15) General maintenance. The site and the facility, including, but not limited to, all landscaping, fencing, and related transmission equipment, must be maintained in a neat and clean manner and in accordance with all approved plans. All graffiti on facilities must be removed at the sole expense of the permittee within 48 hours after notification from the city.

• (16) RF exposure compliance. All facilities must comply with all standards and regulations of the FCC and any other state or federal government agency with the authority to regulate RF exposure standards. After transmitter and antenna system optimization, but prior to unattended operations of the facility, permittee or its representative must certify actual compliance with the FCC OET Bulletin 65 RF emissions safety rules for general population/uncontrolled RF exposure in all sectors. For this certification, the transmitter shall be operating at maximum operating power.

• (17) Testing. Testing of any equipment shall take place on weekdays only, and only between the hours of 8:30 a.m. and 4:30 p.m., except that testing is prohibited on holidays that fall on a weekday. In addition, testing is prohibited on weekend days.

• (18) Modifications. No changes shall be made to the approved plans without review and approval in accordance with this chapter.

• (19) Agreement with city. If not already completed, permittee shall enter into the appropriate agreement with the city, as determined by the city, prior to constructing, attaching, or operating a facility on municipal infrastructure. This permit is not a substitute for such agreement.

• (20) Conflicts with improvements. For all facilities located within the ROW, the permittee shall remove or relocate, at its expense and without expense to the city, any or all of its facilities when such removal or relocation is deemed necessary by the city by reason of any change of grade, alignment, or width of any right-of-way, for installation of services, water pipes, drains, storm drains, power or signal lines, traffic control devices, right-of-way improvements, or for any other construction, repair, or improvement to the right-of-way.

• (21) Abandonment. If a facility is determined by the director not to be operating, the wireless facility authorized by the encroachment permit and any other permit or approval therefor shall be deemed abandoned and the permits terminated automatically, unless: (i) the facility has resumed operations within 90 days from a written notice from the director, or (ii) the city has received an application to transfer the permit(s) to another service provider. No later than 30 days from the date the facility is determined to have been abandoned or the permittee has notified the director of its intent to vacate the site, the permittee shall remove all equipment and improvements associated with the use and shall restore the site to its original

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City of Palm Springs, CA § 14.28.080

STREETS AND SIDEWALKS

§ 14.28.080

condition to the satisfaction of the director. The permittee shall provide written verification of the removal of the facilities within 30 days of the date the removal is completed. If the facility is not removed within 30 days after the permit has been terminated pursuant to this subsection, the site shall be deemed to be a nuisance, and the city may cause the facility to be removed at permittee's expense or by calling any bond or other financial assurance to pay for removal. If there are two for more users of a single facility or support structure, then this provision shall apply to the specific elements or parts thereof that were abandoned, but will not be effective for the entirety thereof until all users cease use thereof.

• (22) Encourage co-location. Where the facility site is capable of accommodating a colocated facility upon the same site in a manner consistent with the permit conditions for the existing facility and the city code, the owner and operator of the existing facility shall allow co-location of third-party facilities, provided the parties can mutually agree upon reasonable terms and conditions.

• (23) Records. The permittee must maintain complete and accurate copies of all permits and other regulatory approvals issued in connection with the facility, which includes, without limitation, this 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. In the event that 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 will be construed against the permittee.

  • (24) Attorneys' fees. In the event the city determines that it is necessary to take legal action to enforce any of these conditions, or to revoke a permit, and such legal action is taken, the permittee shall be required to pay any and all costs of such legal action, including reasonable attorneys' fees, incurred by the city, even if the matter is not prosecuted to a final judgment or is amicably resolved, unless the city should otherwise agree with Permittee to waive said fees or any part thereof. The foregoing shall not apply if the permittee prevails in the enforcement proceeding.

• (b) Eligible facilities requests. In addition to the conditions provided in Section 14.28.080(a) of this chapter and any supplemental conditions imposed by the director or city manager, as the case may be, all permits for an eligible facility requests granted pursuant to this chapter shall be subject to the following additional conditions, unless modified by the approving authority:

  • (1) Permit subject to conditions of underlying permit. Any permit granted in response to an application qualifying as an eligible facilities request shall be subject to the terms and conditions of the permit for the existing tower or base station.

  • (2) No permit term extension. The city's grant or grant by operation of law of an eligible facilities request permit constitutes a federally mandated modification to the subject tower or base station. Notwithstanding any permit duration established in another permit condition, the city's grant or grant by operation of law of a eligible facilities request permit will not extend the permit term for the existing tower or base station, and this permit's term shall be coterminous with the existing permit or other regulatory approval for the subject tower or base station.

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City of Palm Springs, CA

PALM SPRINGS CODE

§ 14.28.080

§ 14.28.110

• (3) No waiver of standing. The city's grant or grant by operation of law of an eligible facilities request does not waive, and shall not be construed to waive, any standing by the city to challenge Section 6409(a) of the Spectrum Act, any FCC rules that interpret Section 6409(a) of the Spectrum Act, or any modification to Section 6409(a) of the Spectrum Act.

• (c) Small cell facilities requests. In addition to the conditions provided in Section 14.28.080(a) of this chapter and any supplemental conditions imposed by the director or city manager, as the case may be, all permits for a small cell facility granted pursuant to this chapter shall be subject to the following condition, unless modified by the approving authority:

  • (1) No waiver of standing. The city's grant of a permit for a small cell facility request does not waive, and shall not be construed to waive, any standing by the city to challenge any FCC orders or rules related to small cell facilities, or any modification to those FCC orders or rules.

• (Ord. 2105, 1/9/2025)

• (a) For breach. An encroachment permit may be revoked for failure to comply with the conditions of the permit or applicable law. Upon revocation, the wireless facility must be removed; provided that removal of a support structure owned by city, a utility, or another entity authorized to maintain a support structure in the right-of-way need not be removed, but must be restored to its prior condition, except as specifically permitted by the city. All costs incurred by the city in connection with the revocation and removal shall be paid by entities who own or control any part of the wireless facility.

• (b) For installation without a permit. A wireless facility installed without an encroachment permit (except for those exempted by this chapter) must be removed; provided that removal of support structure owned by city, a utility, or another entity authorized to maintain a support structure in the right-of-way need not be removed, but must be restored to its prior condition, except as specifically permitted by the city. All costs incurred by the city in connection with the revocation and removal shall be paid by entities who own or control any part of the wireless facility.

• (c) Municipal infraction. Any violation of this chapter will be subject to the same penalties as described in Section 1.01.140 of the Palm Springs Municipal Code.

• (Ord. 2105, 1/9/2025)

The city, as a matter of policy, will negotiate agreements for use of municipal infrastructure. The placement of wireless facilities on those structures shall be subject to the agreement. The agreement shall specify the compensation to the city for use of the structures. The person seeking the agreement shall additionally reimburse the city for all costs the city incurs in connection with its review of, and action upon the person's request for, an agreement. (Ord. 2105, 1/9/2025)

In establishing the rights, obligations and conditions set forth in this chapter, it is the intent

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City of Palm Springs, CA

STREETS AND SIDEWALKS

§ 14.28.110

§ 14.28.110

of the city to treat each applicant or public right-of-way user in a competitively neutral and nondiscriminatory manner, to the extent required by law, and with considerations that may be unique to the technologies, situation and legal status of each particular applicant or request for use of the public rights-of-way.

(Ord. 2105, 1/9/2025)

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City of Palm Springs, CA