Piedmont Municipal Code Div. 17.46 Wireless Communication Facilities

Sections: 17.46.010 Purpose 17.46.020 Definitions 17.46.030 Applicability; Exemptions 17.46.040 Location; City site agreement
17.46.050 Permit; Application. 17.46.060 Independent Technical Review 17.46.070 Standards 17.46.080 Review Body; Findings 17.46.090 Batch Processing 17.46.100 Appeals

The purpose of this division is to provide a comprehensive set of standards for the development and installation of wireless communication facilities. The regulations are designed to facilitate the appropriate deployment of wireless networks and improvements to existing wireless network infrastructure to provide coverage and capacity throughout the City. These standards create a clear set of design requirements and application processes that allow wireless carriers to deploy their networks effectively, while not detracting from the aesthetics of the streetscapes, buildings, light standards, utility poles, and structures inside and outside of the public right-of-way in the City of Piedmont. These requirements aim to protect public health, safety, and community welfare while balancing the benefits of robust wireless services with the community’s architectural character, aesthetics, and landscaping of the City. The purpose of these standards is not to regulate what technologies are being deployed, but to regulate the manner in which wireless equipment is deployed to ensure that such are not detrimental or injurious to the public health, safety, and general welfare; and that the aesthetic appearance shown in approved plans is continuously preserved. This division applies to applications for approval of the installation of new or modified wireless communication facilities, including applications previously received by the city but not yet approved, disapproved or conditionally approved by a final city decision.

In this division:

Antenna means an apparatus designed for the purpose of emitting radiofrequency (RF) signal, to be operated or operating from a fixed location pursuant to Federal Communications Commission (FCC) authorization, for the provision of personal wireless service and any commingled public information services. For purposes of this definition, the term antenna does not include an unintentional radiator, mobile station, or device authorized under part 15 of title 47 of the Code of Federal Regulations.

Base station means an authorized wireless communications facility that connects wireless equipment and a communications network. The term does not encompass a tower as defined in this subpart or any equipment associated with a tower.

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Batch processing means a type of permit submittal that consists of: (1) two or more WCF permit applications for “substantially similar WCF project sites,” (2) the applications are submitted at the same time; and (3) by the same applicant.

Collocation means multiple telecommunications service providers using the same structure, including new and existing infrastructure. A new or replacement utility pole, streetlight, or tower is not a collocation and shall be reviewed as a new facility.

Concealment means a wireless facility that is covered, blended, disguised, camouflaged, or integrated to make a wireless facility look like something other than a wireless facility (as defined by FCC Declaratory Ruling FCC-CIRC2006-003). Concealment includes incorporating stealth design (see definition below).

Camouflage means designed to mask or blend with the surrounding environment in such a manner to render it generally unrecognizable as a wireless facility to the casual observer. By way of example, a wireless communication facility may be camouflaged in a faux tree, faux bush, flagpole, or designed in a manner to be compatible with the appurtenant architecture, building, or natural surroundings.

DAS means distributed antenna system. DAS is a series of antennas that are usually lower power that have a connected fiber network to provide coverage to a specific location.

6409(a) Eligible Facilities Request refers to section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 (Spectrum Act). Congress provided that state and local government review may not deny, and shall approve, Eligible Facilities Requests to modify existing wireless towers or base stations that do not substantially change the physical dimensions of the structure, defeat the concealment element, nor violate certain conditions associated with the siting approval.

Equipment cabinet means a cabinet or structure used to house equipment associated with a wireless communication facility.

FCC means Federal Communications Commission.

FCC Shot Clock or shot clock means the FCC’s presumptively reasonable time frame, accounting for any tolling or voluntary extension, or unusual circumstances justifying additional time, within which the City generally must act on a duly filed request for authorization in connection with a personal wireless service facility, as such time frame is defined by the FCC and as may be amended or superseded. For batched applications, the longest shot clock applicable to any small wireless facility in the batch shall be applicable to the entire batch (e.g., in a batch with four collocations and one new/replacement pole, the FCC Shot Clock would be 90 days for the entire batch even though the collocation applications would be 60 days if submitted on an individual basis)

GO95 is CPUC General Order 95 which outlines rules for overhead electric line construction.

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Macrocell Site means any WCF that is not a small wireless facility or Eligible Facilities Request.

Monopole means a single free-standing pole, post, or similar structure, used to support equipment associated with a wireless communication facility.

Public right-of-way means a public highway, street, alley, sidewalk, or parkway that is subject to Public Utilities Code section 7901.

Related equipment means equipment ancillary to the transmission and reception of voice and data via radio frequencies. Related equipment may include, but is not limited to, cable, conduit and connectors.

Service provider means an authorized provider of wireless communication services, including a neutral host carrier.

Shroud is a physical barrier that encloses and conceals a WCF located atop a pole or on a structure or line. Examples include a radome.

Small Cell Facility has the same meaning as a small wireless facility, as set forth in 47 C.F.R. 1.6002(l).

Stealth Design means using concealment so that a wireless communications facility is designed to look like something other than a wireless tower or base station. Stealth design includes, but is not limited to:

a. Integrating a WCF within the architecture of an existing structure outside the public right-of-way;
b. Using a new structure built to conceal the WCF in its entirety, such as a stealth water tower or clock tower outside of the public right-of-way.
c. Using a new architectural feature added to an existing structure outside of the public right-of-way to conceal the WCF; such as a faux vent, faux chimney, or faux penthouse. d. Using an architectural feature added to an existing or proposed structure in the public right-of-way to conceal the WCF in its entirety such as a protrusion on a streetlight or utility pole, new streetlight that integrates wireless equipment in its entirety, a new bus stop shelter, a faux trash can enclosure adjacent to an existing or proposed structure, or traffic signage added to a streetlight to cover and conceal WCF equipment.

Substantial change means it meets the requirements in the eligible facilities checklist, outlined in section 8.03.03 of the Piedmont Design Standards and Guidelines titled 6409 (a) Eligible Facilities Request Checklist

Toll, tolled, or tolling is defined as days that are not included in the calculation of the deadline for action by a jurisdiction due to incomplete application materials or voluntary agreement between the wireless service provider and the jurisdiction.

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Tower means a structure built for the sole or primary purpose of supporting Federal Communications Commission-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 improvements.

Sidewalk vault is a base station for equipment in an underground facility located in a cabinet beneath the sidewalk.

Wireless communications facility (WCF) means any facility constructed, installed, or operated for wireless service. Wireless communications facility includes, but is not limited to, antennas or other types of equipment for the transmission or receipt of such signals, telecommunications towers or similar structures supporting such equipment, related accessory equipment, equipment buildings, parking areas, and other accessory development. "Wireless communications facility" does not mean any of the following: a. A facility that qualifies as an amateur station as defined by the FCC, 47 C.F.R. Part 97, of the Commission's Rules, or its successor regulation. b. An antenna facility that is subject to the FCC Over-The-Air-Receiving Devices rule, 47 C.F.R. Section 1.4000, or any successor regulation, including, but not limited to, direct-to- home satellite dishes that are less than one meter in diameter, TV antennas used to receive television broadcast signals and wireless cable antennas. c. Portable radios and devices including, but not limited to, hand-held, vehicular, or other portable receivers, transmitters or transceivers, cellular phones, CB radios, emergency services radio, and other similar portable devices as determined by the city manager. d. Telecommunications facilities owned and operated by any government agency. e. Telecommunications facilities owned and operated by any emergency medical care provider. f. Mobile services providing public information coverage of news events of a temporary nature. g. Any wireless communications facilities exempted from the Piedmont City Code by federal law or state law.

A. Applicability. This division 17.46 applies to all wireless communication facilities, except those exempted in subsection B below (though other permit requirements may apply).

B. Exemptions. The following facilities are exempt from this division:

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Wireless communication facility for which a federal or state statute or regulation exempts the facility from the imposition of the permit requirements of this division but only to the extent of such exemption.

Satellite dish antenna, less than one meter in diameter for receiving radio or television stations by the property owners, occupants or guests.

City-owned or operated communication facilities.

Communication equipment located completely inside a structure, not visible from the outside, whose purpose is solely to provide wireless communications within the same structure, including Wi-Fi hotspots and access points, with no alteration to the exterior of the structure.

A. Priority for location.

Preference for Zone B, Zone D, and public right of way sites. In order of preference, wireless communication facilities should be located (i) on publicly-owned property outside of the public right of way in Zone B, (ii) property in Zone D, or (iii) public rights-of-way.

Alternative locations. Any location for a wireless site outside of Zone B not on publicly-owned property, or not with a public right of way will be considered according to the following priority:

a. The applicant must first attempt to locate a site in Zone D, the commercial zone, that is not used for residential purposes.

b. If it is infeasible to locate in Zone D, the applicant must attempt to locate at a non-residential property in Zone A, C or E.

General. In all cases, the preference, in order, is to locate on or in an existing structure which the wireless communication facility can be concealed; or to collocate on an existing wireless communication facility with a stealth design; or to locate on a new structure that can be incorporated in a stealth manner compatible with the surrounding area.

Prohibition. Wireless communication facilities are prohibited on properties that contain a residential use, regardless of zone.

B. City site agreement.

Consideration by staff. If the applicant wishes to locate on city-owned property or facilities, the applicant must discuss its desired location(s) with staff (Public Works Director and Planning & Building Director, as appropriate) before the submittal of an

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application. If the location appears to be generally feasible, city staff will negotiate the principal terms for a proposed site agreement with the applicant, spelling out in detail the specific facilities to be located on city property or facilities, the term of the agreement, the compensation to be provided the city, and other terms.

Consideration by City Council. When the principal terms for a proposed agreement have been prepared and approved by city staff, staff will schedule the matter for hearing before the City Council. The City Council will consider the proposed agreement as part of an ordinance, required by City Charter Section 2.11(6). The City Council may defer its final decision regarding the agreement until after the wireless communication facility permit is approved.

Limited nature of consent. The city’s consent as property owner to process a wireless communication facility permit is not be deemed city consent to lease or license the property.

C. No wireless communication facilities on residential property. Wireless communication facilities shall not be installed on property which is used for residential purposes, irrespective of the zoning district in which such residential property is located.

A. Permit. A wireless communication facility permit is specifically for wireless communication facilities and is required for each facility. If the wireless communication facility permit is approved, the owner or operator must also obtain a building permit before beginning construction.

B. Application.

All applications. An application for a wireless communication facility permit must include: a. a complete application to the City with all relevant fields completed and all required documents attached;

b. evidence of a significant gap in coverage or capacity or introduction of new services or other service capability improvements, which the application seeks to address if the applicant’s facility will be located on a less preferred structure or in a less preferred zone; and

c. applicable fees and/or deposits, including a deposit for independent technical review under section 17.46.060 below.

d.
all applicable documents outlined in the submittal checklist in section 8.03.04 of the Piedmont Design Guidelines titled Submittal Checklist.

Application for location on city property. An applicant for a wireless communication facility proposed to be located on city property or in a public right-of-

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way must submit a Letter of Authorization signed by the City of Piedmont City Council and all documents listed in Chapter 8 of the Piedmont Design Guidelines. (Ord. 788 N.S., 02/2026)

The Director is authorized in his or her discretion to retain an independent technical consultant to review materials submitted by the applicant and to provide an analysis of issues including but not limited to: whether the wireless communication facility meets the applicable radio frequency emission regulations; whether a significant gap in coverage or capacity exists and whether the proposed facilities are the least intrusive means of doing so; whether there are alternative sites and the feasibility of those sites; whether there are ways to mitigate aesthetic impacts; and any other specific technical issues designated by the Director. The applicant must pay the consultant's costs, and must increase the deposit to cover the anticipated amount as the Director may deem necessary from time-to-time.

A. Development Standards. The following development standards apply.

Collocation. New wireless communication facilities must be collocated with existing facilities and with other planned new facilities whenever feasible. A new wireless tower must be designed and constructed to accommodate future collocation(s) unless the city determines that collocation would be infeasible because of physical or design issues specific to the site.

Height limits. Wireless Facilities must follow height limits of the zoning district they are proposed to be installed in, height limits of the City of Piedmont Public Works Standard Details, height limits set by the FCC, and/or height limits outlined in GO95 regulations. Ground mounted wireless communication equipment, base station, antenna, pole, or tower must be the minimum functional height, unless as required by federal or state law. Roof mounted equipment and antennas must be located to minimize visibility.

Visual impact. Wireless communication facilities must be designed to minimize visual impacts. Facilities must be concealed or camouflaged to the greatest extent practicable in accordance with this Division, as determined by the Planning & Building Director. The facilities must have a non-reflective finish and be painted or otherwise treated to minimize visibility and the obstruction of views.

The facilities may not bear signs, other than certification, warning, emergency contacts, or other signage required by law or expressly required by the city.

Public health, peace and safety. A wireless communication facility may not adversely affect the public health, peace and safety.

Public right-of-way. A wireless communication facility located in the public right-of-way may not cause: (i) physical or visual obstruction, or safety hazard, to pedestrians, cyclists, or motorists; or (ii) inconvenience to the public's use of the right-of-

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way. Equipment, walls, and landscaping located above grade must comply with the City of Piedmont Public Works Department Standard Details and not interfere with the public’s use of the right-of-way.

Compliance with laws. Each wireless communication facility must comply with federal and state statutes governing local agencies’ land use authority regarding the siting of wireless communication facilities, including without limitation 47 USC sections 253, 332(c)(7), 47 USC section 1455 (also known as section 6409 of the 2012 Middle Class Tax Relief and Jobs Act), California Government Code sections 50030, 65850.6 and 65964, and California Public Utilities Code sections 7901 and 7901.1. Each reference to a federal and state statutes is to the statute as it may be as amended from time-to-time and to the extent the statute remains in effect.

B. Operation and Maintenance Standards

Contact and site information. The owner or operator of a wireless communication facility must submit basic contact and site information to the city, and notify the city within 30 days of any changes to this information, including the transfer of ownership. The contact and site information must include: (i) the name, address, email address, telephone number, and legal status of the owner of the facility, including official identification number and FCC certification, and, if different from the owner, the identity and legal status of the person or entity responsible for operating and maintaining the facility; and (ii) the name, address, email address, and telephone number of a local contact person for emergencies.

Signage. The owner and/or operator must post an identification sign at each facility, including owner/operator emergency telephone numbers. The design, materials, colors, and location of the identification signs shall be subject to review and approval by the Director. If at any time a new owner or operator provider takes over operation of an existing personal wireless service facility, the new personal wireless service provider shall notify the Director of the change in operation within 30 days and the required and approved signs shall be updated within 30 days to reflect the name and phone number of the new wireless service provider. The colors, materials and design of the updated signs shall match those of the required and approved signs. No sign shall be greater than two square feet in size.

FCC compliance. Each wireless communication facility must comply with FCC regulations, and avoid interfering with any city communication facilities, operations, utilities, equipment, or public safety communications. If the facility negatively impacts city facilities or equipment, the operator must comply with all FCC regulations and orders to resolve the interference. At the city’s discretion, and at the operator's expense, the city may retain an outside technical consultant to evaluate and verify compliance with FCC regulations and to determine the cause of interference for an existing facility.

Facility maintenance. Each wireless communication facility must be maintained in good repair, free from trash, debris, litter, graffiti, and other forms of vandalism. The

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operator must repair any damage as soon as reasonably possible, but no later than 90 days from the time of notification.

Landscaping elements at a wireless communication facility site must be maintained in good condition, and in compliance with the approved landscape plan. The owner or operator is responsible for replacing any damaged, dead, or decayed landscape materials and making necessary irrigation and equipment repairs as soon as reasonably possible.

Noise. A wireless communication facility must be operated to minimize noise that is audible as provided in Chapter 8 of the City Code

Removal. All wireless communication facility equipment must be removed within 30 days of the discontinuation of the use, and the site restored to its original, preconstruction condition. In addition, the service provider must provide the city with a notice of intent to vacate a site a minimum of 30 days before the vacation. For a wireless communication facility to be located on public property, this removal requirement will be included within the lease. For a facility to be located on private property, the property owner is encouraged to also include this in the lease, because the property owner will otherwise be responsible for removal.

C. C. Term of permit. A wireless communication facility permit is valid for an initial period of ten years as specified in the Piedmont Design Guidelines unless: (i) a longer period is required by state or federal law; or (ii) a shorter time is required as a condition of approval for particular circumstances set forth in the decision, particularly with respect to public safety or substantial land use reasons under California Government Code section 65964(b). The Director may administratively extend a permit upon verification of continued compliance with this division 17.46 and any conditions of approval.(Ord. 788 N.S., 02/2026)

A. Review Body.

1. Permit and Reviewing Body.

Location

Type of WCF Design Standards Criteria

Type of Permit Required

6409 Collocation Meets the design criteria outlined in Design Guidelines Section 8.02.03 Building Permit

Encroachment Permit

Small Cell or DAS Application

Meets the Design Guidelines Section 8.02.03
Building Permit

Encroachment Permit Does not meet the Design Guidelines WCF Planning Permit, Review by Planning Commission

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WCF in the Right- of-Way

Building Permit

Encroachment Permit

Collocation (not under 6409) with existing structure

WCF Planning Permit, Review by Director

Building Permit

Encroachment Permit

WCF On Public or Private Property

New structure

WCF Planning Permit, Review by Planning Commission

Building Permit

Collocation (not under 6409) with existing structure

WCF Planning Permit, Review by Director

Building Permit

6409 Collocation Meets Design Guidelines in Section 8.02.04 Building Permit

2. Planning Commission. After receiving a completed application, the city staff will schedule a noticed public meeting before the Planning Commission consistent with divisions 17.62 and 17.64. Any application submitted to be reviewed by the Director outlined in section 17.46.080.A may be referred to the Planning Commission unless otherwise stated by federal law.

B. Required findings; Exceptions.

Findings. Before approving a wireless communication facility permit as provided in City Code section 17.46.080.A.3 and 17.46.080.A.4, the reviewing body must make the following findings:

a. The applicant has evaluated and met the priority for location standards of section 17.46.040 A above.

b. The proposal satisfies each of the applicable development standards in section 17.46.070 above.

c. The proposed design is consistent with the Piedmont Design Guidelines.

d. The proposed facility has been located and designed for concealment and collocation to the greatest extent reasonably feasible, and the applicant has

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submitted a statement of its willingness to allow other wireless service providers to collocate on the proposed facility.

Exceptions.

a. General. The decision-making body may grant an exception to any requirement of this division 17.46, including without limitation the priority for location under section 17.46.040 A, if the applicant establishes that strict compliance would violate federal or state law.

b. Modification. The Director may consider and grant, modify and grant or deny a modification to an existing wireless communications facility if the modification meets the requirements of section 6409. In determining whether to approve the requested modification the Director shall approve if the project meets the criteria outlined in section 8.03.03 of the Piedmont Design Guidelines titled 6409 (a) Eligible Facilities Request Checklist.

c.
The exemptions listed in the definition of wireless communication facility in section 17.46.020.

Any proposed modification that is not a collocation, or for which the wireless communication facility will be fully concealed or camouflaged, or that does not fall within the requirements of section 6409 shall be reviewed and considered under the same provisions and requirements as those required for the original consideration of the permit proposed for modification. (Ord. 788 N.S., 02/2026)

In accordance with Assembly Bill 965, an applicant may submit a “batch WCF processing permit” when it receives two or more WCF permit applications for substantially similar WCF project sites, submitted at the same time, and are submitted by the same applicant.
A. Requirements

1. The City will consider applications under Assembly Bill 965 for WCF batch processing as “nearly identical in terms of equipment and general design, but not location” if they meet the following criteria.

a. Require the same permits;

b. Are the same kind of facilities (for example, all the applications received are stealth facilities, are on streetlights, are on utility poles, etc.);

c. Must be on the same type of property (for example, the City will not batch process an application on private property along with an application on public property);

d. Must be in the same zoning district;

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e. The proposed facilities are within 5 feet of each other in height/elevation;

f. The proposed facilities have similar power output and operating frequency for any proposed antenna array;

g. Use of substantially the same equipment in the same configuration on the same support structure type;

h. Have similar accessory equipment which is located in similar locations, whether above ground or below ground;

i. Use the same material for exterior finishes, including color and texture;

j. Do not require illumination of the wireless facilities with the exception of security and maintenance lighting;

k. Only collocation applications can be considered substantially similar to other collocation applications; and

l. No more than 25 sites are included in a batch processing application.

B. Review Body. Applications submitted under a batch processing permit shall be subject to review by the body outlined under section 17.46.080.A.

C. Application Fee. The applicant shall pay an application fee in the amount established by City Council resolution.

D. Application Determination. Each application in a batch must meet all the requirements for a complete application, which includes without limitation the application fee for each site in the batch. If any application in a batch is incomplete, the entire batch shall be deemed incomplete. If an applicant removes more than 50% of the facilities from a batch application, the entire batch application shall be withdrawn. If any application in a batch fails to meet the required findings for approval, the entire batch shall be denied.

An appeal of a wireless communication facility application may be submitted for any application reviewed by the Director or reviewed by the Planning Commission. During an appeal, the burden of proof is on the appellant. The appeal will be submitted to the City Administrator or the City Administrator’s designee. The appellant shall pay an appeal fee in the amount established by the City Council resolution. The appeal must be submitted within five days of a decision made by the Director or Planning Commission. Upon receiving the appeal, in not less than 5 business days, the City Clerk shall give written notice to the applicant, the appellant in those cases where the applicant is not the appellant, and other parties involved, of the date and place of hearing of the appeal. In considering the appeal, the City Administrator or designee shall review all documents submitted and findings made by the Director or Planning Commission. The hearing

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will not be a de novo hearing. The City Administrator or designee may overrule the action of the decision maker only if one of the following occurs: a. the findings made by the decision maker as a basis for its action are not supported by the weight of the evidence;

b.
there is a significant error in the application of the requirements of this chapter 17 or other requirements of the City Code;

c.
there is a significant error in the application of the Piedmont Design Standards and Guidelines; or

d.
significant errors in the application, plans, drawings or other materials provided to the decision maker are discovered after the hearing, which were a basis of the decision.

Any appeal shall be conducted so that a timely written decision may be issued in accordance with applicable law.

There is not an appeal process for applications submitted under a ministerial review permit.

(Ord. 778 N.S., 03/2025)

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