Pleasanton Municipal Code Ch. 18.110 Personal Wireless Service Facilities

Note: Chapter 18.110, Personal Wireless Service Facilities, derived from Ord. 1743; Ord. 2000; Ord. 2038; Ord. 2086; Ord. 2169; Ord. 2188; and Ord. 2303; was repealed by Ord. 2305, 5/5/2026.

This chapter of the Pleasanton Municipal Code establishes the regulatory process for all requests for the city's regulatory authorization to construct, install, operate, collocate, modify, relocate, remove or otherwise deploy wireless facilities, small wireless facilities and eligible facilities requests within the city's territorial and jurisdictional boundaries.

(Ord. 2305, 5/5/2026)

Notwithstanding anything in this chapter to the contrary, the abbreviations, phrases, terms and words used in this chapter will have the following meanings assigned to them unless context indicates otherwise. Undefined phrases, terms or words in this section will have their ordinary meanings. The definitions in this section shall control over conflicting definitions for the same or similar abbreviations, phrases, terms or words as may be defined elsewhere in this chapter or in the Pleasanton Municipal Code. However, if any definition assigned to any phrase, term or word in this chapter conflicts with any federal or state-mandated definition, the federal or state-mandated definition will control.

"Eligible facilities request"

means the same as defined in 47 U.S.C. Section 1455(a)(2), and as interpreted by the FCC in 47 CFR Section 1.6100(b)(3).

"FCC"

means the "Federal Communications Commission," as constituted by the Communications Act of 1934, Pub. L: 73-416, 48 Stat. 1064, codified as 47 U.S.C. Section 151 et seq., or its duly appointed successor agency.

"Personal wireless service facilities"

mean the same as defined in 47 U.S.C. Section 332(c)(7)(C)(ii).

"Section 6409"

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

"Small wireless facility"

means the same as defined by the FCC in 47 CFR Section 1.6002(l).

"Wireless facility"

means a personal wireless service facility.

(Ord. 2305, 5/5/2026)

All requests for the city's regulatory authorization to construct, install, operate, collocate, modify, relocate, remove or otherwise deploy wireless facilities not otherwise regulated by Section 18.110.040 through Section 18.110.050 within the city's territorial and jurisdictional boundaries are subject to a permit as specified in a city council policy, which may be adopted, amended and/or repealed by a resolution of the city council. All wireless facilities shall comply with the city council's policy. If a city council policy is not adopted, or is otherwise repealed after adoption and not replaced, an application for a wireless facility shall be processed pursuant to Title 18 (Zoning).

(Ord. 2305, 5/5/2026)

All small wireless facilities are subject to a permit as specified in a city council policy, which may be adopted, amended and/or repealed by a resolution of the city council. All small wireless facilities shall comply with the city council's policy. If a city council policy is not adopted, or is otherwise repealed after adoption and not replaced, an application for a small wireless facility shall be processed pursuant to Title 18 (Zoning).

(Ord. 2305, 5/5/2026)

All eligible facilities requests and other applications submitted for approval pursuant to Section 6409[1] are subject to a permit as specified in a city council policy, which may be adopted, amended and/or repealed by a resolution of the city council. All eligible facilities requests and other applications submitted for approval pursuant to Section 6409 shall comply with the city council's policy. If a city council policy is not adopted, or is otherwise repealed after adoption and not replaced, an eligible facilities request or other application submitted for approval pursuant to Section 6409 shall be processed pursuant to Title 18 (Zoning).

(Ord. 2305, 5/5/2026)

[1]

Editor's note: Section 6409 means Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. Section 1455(a) as defined in Section 18.110.020.

Any use or condition caused or permitted to exist in violation of any provision of this chapter shall be and hereby is declared a public nuisance and may be subject to injunctive relief as set forth in Chapter 1.16 (Injunctive Relief), administrative citations as set forth in Chapter 1.24 (Administrative Citations), administrative remedies as set forth in Chapter 1.28 (Administrative Remedies), abatement pursuant to Chapter 9.28 (Property Maintenance), any and all applicable processes and procedures pursuant to the Pleasanton Municipal Code, including, but not limited to, Chapter 18.140 (Penalties), California Code of Civil Procedure Section 731, or any other remedy available to the city.

(Ord. 2305, 5/5/2026)