Title D — ZONING›Division D4 — Standards for Specific Land Uses

Chapter IV — Wireless Telecommunications Facilities

San Ramon Zoning Code · 2026-06 edition · ingested 2026-07-06 · San Ramon

Contents:

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D4-41 - Purpose

D4-42 - Process and Applicability

D4-43 - Development Standards

D4-44 - Permit Requirements

D4-45- Performance Standards and Maintenance

D4-46 - Administration

D4-47 through D4-54- Reserved

D4-41 - Purpose

The purpose of this Section is to establish standards for siting, design, modifications and maintenance of telecommunications facilities including, but not limited to, telecommunications antennas and related facilities, and other above-ground structures used for the purposes of transmitting data wirelessly. The standards contained in this Section are designed to promote the following:

  • A. Protect and promote public safety and community welfare;

  • B. Protect the visual character of the City of San Ramon and minimize potential adverse impacts of wireless communications facilities development and installation;

  • C. Protect the environmental resources of San Ramon;

  • D. Ensure that a competitive, varied and high quality wireless communications service infrastructure is provided to serve San Ramon’s residents and the business community;

  • E. Ensure that all telecommunications providers or carriers are treated equally, without unduly restricting or discriminating among service providers of functionally equivalent services;

  • F. Streamline the permitting process, while ensuring compliance with Zoning and Building and Safety regulations;

  • G. Encourage the managed development of wireless communication service infrastructure to secure San Ramon’s role in the evolution of technology;

  • H. Retain local responsibility for management of the use of the public right-of-way;

  • I. Ensure a telecommunications network that will serve an effective role in San Ramon’s emergency response system; and

  • J. Promote the economic vitality of the City of San Ramon.

D4-42 - Process and Applicability

  • A. Applicability. Except for the exemptions listed under Subsection D, this ordinance shall apply to all types of wireless telecommunications facilities and related structures within any zones, including the PD zone. It shall include any structures used to transfer data wirelessly including, but not limited to, utility data such as PG&E and AT&T cabinets, facilities built for transmittal of wireless digital television, personal communications systems (PCS), and other wireless facilities specifically addressed in this Chapter.

Above ground cabinets housing equipment for fiber optic cables or housing equipment for telecommunications underground equipment shall also be subject to the provisions of this ordinance.

  • B. Permitting authority. Subject to the provisions of Division D7 (Zoning Ordinance Administration), of the Zoning Ordinance, the Planning Commission and the Zoning Administrator are authorized to approve, approve with conditions, or deny applications for telecommunications facilities. The review process may be incorporated as part of a specific development project, provided that the process and applicable standards are in accordance with the provisions of this Chapter.

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  • C. General requirements. All telecommunications antenna facilities and related equipment in the City of San Ramon shall conform to the following requirements:

    1. Compliance with the General Plan and any other land use plan, policies and guidelines adopted by the City of San Ramon including, but not limited to, the requirements of the Zoning Ordinance and adopted Specific Plans;

    2. Compliance with CEQA requirements;

    3. Compliance with the requirements of any other governmental agency with jurisdiction over the installation of a telecommunications facilities;

    4. Compliance with Federal Aviation Administration (FAA) regulations and permit requirements;

    5. Compliance with any applicable easements, restrictions or land use approvals restricting development on any given parcel;

    6. The telecommunications facility shall be an accessory use, secondary to the primary use on a parcel, unless the parcel is zoned for Open Space or the parcel is vacant subject to future development to include a primary use;

    7. Compliance with radio frequency emission standards adopted by the Federal Communications Commission (FCC), which shall include any combined radio frequency levels produced by antennas located on the same parcel in addition to all antennas within 100 feet distance of the proposed facility; and

    8. Compliance with the Uniform Building Code and subject to the building permitting process.

  • D. Exemptions. The following telecommunications facilities are exempt from the discretionary review described in this Section if located outside the public right-of-way. The Zoning Administrator may require that application materials be submitted to the Planning Division and/or the City Attorney to verify compliance with the requirements of this section. All exempt facilities are subject to review by the Building & Safety Division and may require approval of a building permit.

    1. The facility is preempted from local regulations, by state or federal law. The owner of the antenna shall provide the Planning Division and/or the City Attorney a copy of applicable regulations, and if applicable, a current FCC or California Public Utility Commission (CPUC) permit prior to installation of the exempt antenna. The City Attorney shall determine if a facility is exempt from local regulations.

    2. A single building-mounted receive-only radio or television antenna (excluding parabolic or satellite antennas), not exceeding 15 feet above the roof, including mast, used solely by the tenant of a residential or commercial property on which the structure is located.

  1. A single ground or building-mounted Direct Broadcast Satellite (DBS) antenna, Multipoint Distribution Services (MDS) antennas, Television Broadcast Service (TVBS) antennas or substantially similar antennas, which are less than one meter (39 inches) in diameter are subject to the following standards:

    • a. The dish/antenna is for the sole use of the occupant of a residential or commercial property on which it is located;

    • b. It does not exceed the height of the roof ridge of the main structure on which it is located;

    • c. It is located outside of a required front yard setback.

    1. Mobile temporary telecommunications facilities operating at various locations to provide public information or coverage of news events. Mobile facilities providing public information of news events may be setup on public property for 72 hours or less subject to City approval.

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  1. Temporary telecommunications facilities, including mobile facilities, for a period not to exceed 60 days, when deployed during a community-wide emergency or natural disaster as follows:

    • a. The Zoning Administrator shall determine whether an event qualifies as a communitywide emergency or natural disaster;

    • b. The Zoning Administrator may grant an extension to the maximum 60-day time period on a case-by-case basis.

  2. Handheld and mobile personal wireless devices such as cell phones, personal digital assistants, cordless phones, and similar devices as determined by the Zoning Administrator.

  3. The facility is located entirely inside a building and serves only that building, including but not limited to wireless and fiber-optic networks.

  4. Satellite Earth Station (SES) antennas which are 2 meters (78 inches) or less in diameter if located in a commercial or industrial zone and meeting setback requirements of accessory structures. If mounted on a roof, these facilities shall be of a non-contrasting color preferably closely matching the color of the roof.

  5. A temporary testing facility to establish the necessary height of a permanent telecommunications tower for a maximum of 48 hours per year per site upon notification of the Planning Division.

  6. Amateur radio antenna and supporting structures which meet the following standards:

  - a. Maximum height of 35 feet when fully extended. The use of retractable antennas is encouraged. To the extent feasible, antennas shall remain retracted when not in use, unless used for emergency related operations. 

  - b. There shall be only one amateur radio tower on a single parcel. 

  - c. There shall be no portions of the amateur tower or antennas, when fully extended, overhanging into the required setbacks for main structures within the applicable zone. 

  - d. The maximum total width of the entire structure, including top mounted antennas shall not exceed 30 ft. when fully extended. 

  - e. The operator shall be licensed by the FCC as an amateur radio operator or shall be permitted to operate as an amateur radio station in the United States by treaty or statute.
  • E. Small wireless facilities. Notwithstanding any other provision of this Chapter, all “small wireless facilities” as defined by the FCC in 47 C.F.R. § 1.6002(l), as may be amended or superseded, shall be exempt from the provisions in this Chapter and subject to permits and other requirements as specified in the Small Cell Wireless Facilities Policy, which shall be adopted and may be amended or repealed by City Council resolution. If the Small Cell Wireless Facilities Policy is repealed and not replaced, an application for a small wireless facility shall be processed pursuant to this Chapter.

(Ord. No. 496, § 2, 01/28/2020)

Effective on: 2/27/2020

D4-43 - Development Standards

Unless otherwise specifically described in this Section, the following development standards shall apply to all telecommunications facilities:

  • A. Location standards. Telecommunications structures are permitted in all zones, provided that the standards listed under Sections B., C., and D. below are met:

  • B. Prohibited sites. Telecommunications structures are prohibited in the following locations:

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  1. Any areas specifically prohibited by the General Plan, any applicable specific plan, or other site-specific discretionary planning approvals.

  2. Properties listed, or eligible for listing, on the National Register of Historic Places, or properties otherwise deemed of local historic significance by the Zoning Administrator, provided that the visual impact of the proposed facility cannot be mitigated.

  3. A site of archeological significance, including but not limited to Native-American religious sites, if such facilities will cause a disturbance to the site.

  4. An environmentally sensitive site providing habitat to a special status animal or plant species, or containing wetlands, vernal pools, 100-year floodplains, etc., if such facilities will cause a disturbance to the site.

  5. Within a 100 ft. vertical distance of any major ridgeline and a 50 ft. vertical distance from any minor ridgeline within the City and its sphere of influence, and provided that the telecommunications tower does not extend above the ridgeline seen as a backdrop to the facility, as seen from vantage points specified by the Zoning Administrator.

  • C. Preferred sites. The following is a list of preferred sites for locating telecommunications structures:

    1. Any new facility co-located on an existing approved telecommunications structure or on a building roof or facade already containing approved antennas, often broadcasting at different frequencies and operated by different providers.

    2. Any new facility located on an existing tall building or structure provided it is positioned strategically and not visible from the public right-of-way and designed to fully mitigate its visual impacts.

    3. Located in properties zoned for Commercial, Office, Industrial, Medical, Public and SemiPublic uses.

    4. Located on existing structures including, but not limited to, PG&E towers, light poles, water tanks, bell towers, existing flagpoles, etc.

  1. Located on a City-owned property used or designated for public/semi-public use as deemed appropriate by the Zoning Administrator.

  • D. PG&E transmission line corridor. Telecommunications facilitates proposed within the PG&E transmission line easement shall comply with the following minimum standards:

    1. The proposal shall include design mitigation strategies to avoid an “antenna farm” effect and reduce visual impacts to the adjoining neighborhoods. These strategies may include, but are not limited to, strategically positioning of the antennas, placement of smaller antennas, limiting the number of antennas per PG&E tower, stealth antenna design, decorative landscaping, etc. In addition, the City may require participation in any existing master landscaping plan for the PG&E corridor.

    2. The proposal shall specify any new lighting, parking and/or noise associated with the project and applicable mitigation measures submitted for the Zoning Administrator review.

    3. All equipment shelters shall be screened from view. Screening methods may include a combination of decorative landscaping and fencing.

    4. The Zoning Administrator may require additional site improvements on the property or nearby to further mitigate for the visual effects of the antennas. These mitigation measures may include, but are not limited to landscaping improvements along the boundaries of PG&E property and residential properties, decorative fencing, public art, etc.

D4-44 - Permit Requirements

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All wireless telecommunications facilities not specifically exempted from these regulations in accordance to this Ordinance are subject to one of the following permitting requirements:

  • A. Minor Use Permit. Telecommunications facilities meeting all the applicable standards of this Subsection require Minor Use Permit approval.

A notice of application will be sent to all property owners within a minimum 300 foot radius of the proposed site. Additional notification may be authorized by the Zoning Administrator consistent with Chapter D6-28 (Use Permits and Minor Use Permits). If neighborhood interest is identified by submittal of a written request for a public hearing, the zoning administrator shall require a Zoning Administrator hearing.

  1. The proposal meets the applicable "preferred sites" criteria in Section D4-43.C;

  2. The proposal presents no visual impact, is completely hidden from right-of-way view, is built below parapet line, or is fully screened and/or mitigated with a stealth design;

  3. The proposal meets the setback and height limit requirements of the applicable zone;

  4. The proposal meets all applicable design and development standards of this section; and

  5. Proposals for utility cabinets (i.e. PG&E, phone company) containing a wireless component for data transmittal if cabinets are placed underground or shielded from view as deemed appropriate by the Zoning Administrator.

The Zoning Administrator may refer an application that meets these administrative review requirements, to the Architectural Review Board or to the Planning Commission if it is determined that the project may involve a significant design impact or policy issue.

  • B. Design Review. Applications for telecommunications facilities meeting all of the applicable standards of this Subsection are subject to design review and will be forwarded to the Architectural Review Board.

A notice of application will be sent to all property owners within a minimum 300 foot radius of the property. Additional notification may be authorized by the Zoning Administrator consistent with Subsection A. If neighborhood interest is identified, the Zoning Administrator may require a Zoning Administrator hearing.

Standards:

  1. Telecommunications structures or building-mounted antennas extending above the maximum allowed height of a zone by no more than 10 ft.

  2. The proposed facility is architecturally integrated or stealth fully designed as seen from sensitive areas such as residential areas, public right-of-way, scenic vistas and recreational areas;

  3. The proposal includes artificial lighting;

  4. The proposal meets all applicable design and development standards of this section;

  5. Utility cabinets containing a wireless component (i.e. PG&E) proposed within a City right-ofway;

  6. Satellite dishes over one meter in diameter or exceeding the maximum allowed height in residential zones;

  7. Satellite dishes over two meters in diameter in commercial, industrial and office zones; and

  8. Amateur radio antennas exceeding 35 feet, but less than 50 feet in height.

The Zoning Administrator may refer an application that meets the above design review requirements to the Commission if it is determined that the project may involve a significant design impact, policy issue, or deemed to be highly controversial.

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  • C. Use Permit. A Use Permit application shall be required for all telecommunications facilities meeting any applicable standards of this Subsection. The Commission shall be the decision-maker for the Land Use Permit application.

The Zoning Administrator shall be responsible for determining whether a project subject to a Use Permit shall also be reviewed by the Architectural Review Board for design recommendations.

Standards:

  1. Telecommunications facilities projecting over 10 ft. above the maximum zone height;

  2. New telecommunications structures, not meeting the co-location standards and without proper justification as established in Subsection D.1;

  3. Telecommunication facilities visible from the right-of-way which would require design mitigation;

  4. Telecommunications facilities located within residentially zoned properties;

  5. Amateur radio antennas exceeding 50 ft. in height;

  • D. Modification to approved project. The following modification criteria streamline the process by establishing an appropriate level of review for changes to plans, operating standards, and design of previously approved telecommunications facilities.

The Zoning Administrator is responsible for making any interpretations required to determine which level of modification is applicable, whether a modification application meets the intent of this Section or if a new application is required.

  1. Minor modification. Any proposed modifications deemed to be in substantial compliance with the original project may be approved administratively if it meets the following applicable criteria:

    • a. Changes are consistent with the requirements of this Chapter; Ordinance;

    • b. The changes are part of standard maintenance, which could include equipment replacement of substantially equal appearance provided it uses identical technologies. The applicant would be responsible for providing a written statement by the appropriate professional demonstrating compliance with this requirement;

    • c. Changes result in an insignificant revision to the floor plan, physical details or site layout not affecting compliance with the original project approval and the provisions of this Ordinance;

    • d. The changes are not noticeable or insubstantial such as:

      1. Minor color changes,

      2. Minor landscaping changes,

      3. Minor material specification or architectural detail changes, if of equal or greater quality.

    • e. Changes comply with FCC requirements. The applicant would be responsible for demonstrating compliance with this requirement;

    • f. Proposal does not reflect changes to a condition of project approval;

    • g. Changes do not involve issues of public policy and are not likely to generate neighborhood interest or concern;

    • h. If there is an increase in the number of antennas proposed, not to exceed 25 percent the original approval, provided the increase does not create a negative visual impact, and an updated RF Emissions Evaluation Report is submitted specifically addressing the proposed increase;

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  • i. Proposal does not involve increase of more than 10 percent in antenna height;

  • j. Proposal does not reflect changes to an item specifically approved or discussed during the original project hearing as reflected on meeting minutes or tapes; and

  • k. Changes meet the intent of original project approval and do not involve significantly different design concepts. Any architectural or design changes shall maintain or upgrade the quality of the original approval;

The Zoning Administrator shall be responsible for determining which of the submittal materials are necessary for modification evaluation, other than those documents described in this Subsection, in addition to plans demonstrating the proposed change.

  1. Major modification (ARB, ZA or PC). If an application does not meet the criteria to be considered a minor modification as specified in this Section, then the proposal requires a new application.

  2. Modification findings. An approval of a modification to a facility shall adopt findings of fact to include all findings listed in Section F. in addition to the following:

  • a. The proposed change is consistent with the original telecommunications facility and does not require the complete redesign and submittal of a new project; and 

    - b. That the proposed change does not result in lack of compliance with the development standards approved with the original telecommunications facility project.

  • E. Variance. The applicant of a telecommunications facility proposal not meeting the standards established in this Ordinance is entitled to request a Variance in compliance with Section D6-29 (Variances). The variance process is subject to the Zoning Administrator or Commission review and may be approved, denied, or approved with conditions.

  • F. Findings for approval or denial. The decision maker, as determined by this ordinance, when approving or denying an application for a telecommunications facility, shall adopt findings of fact.

    1. Findings for approval shall include, but not be limited to:

      • a. That the proposed telecommunications facility complies with the intent of this Chapter and shall not result in conditions that would be detrimental to the public health, safety or welfare of the community;

      • b. That the facility was designed to protect the visual character of the City of San Ramon, and any adverse visual impacts of development have been mitigated to a level of less than significant;

      • c. That the proposal complies with the General Plan and any other land use plan, policies and guidelines adopted by the City including, but not limited to, the Zoning Ordinance and adopted Specific Plans;

      • d. That the proposed height of the facility is needed for adequate electromagnetic reception and that a reduced height is not feasible;

      • e. That the site is suitable for the type and intensity of development proposed, and that the location, size, design and operating characteristics of the proposed facility are compatible with adjacent uses and natural resources; and

      • f. That the proposal complies with the requirements of any other governmental agency with jurisdiction over the installation of a telecommunications facility including, but not limited to, the Federal Communications Commission (FCC) regulations and permit requirements.

    2. The decision-maker may deny an application for a telecommunications facility if it is not consistent with the provisions of this Chapter. If the project is denied, findings for denial shall be adopted.

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D4-45- Performance Standards and Maintenance

  • A. Noise. All telecommunications facilities shall be constructed and operated in such a manner as to minimize the amount of noise impacts to sensitive areas such as residences, schools, churches or hospitals. The use of back-up generators shall be limited to during power outages and for the purposes of maintenance and testing.

The Zoning Administrator may request a noise analysis to evaluate whether noise attenuation measures are needed when a facility is located within 100 feet of a residence, school, church or hospital, and generates noise levels, measured at the property lines, exceeding those established in Section D3-8 (Performance Standards) as follows:

  1. Maximum 60 dBA during daytime;

  2. Maximum 55 dBA between the hours of 10:00 p.m. and 7:00 a.m. as measured at the closest property line of a residential property; and

  3. Sound levels shall be measured in decibels (dBA). Noise descriptors used for analysis shall be in DNL (Day-Night Average Level) or CNEL (Community Noise Equivalent Level) consistent with the Noise Element of the 2020 General Plan.

  • B. Interference. All telecommunications facilities, including HAM radio antennas, shall be operated in compliance with Federal Communications Commission (FCC) regulations for signal interference, including, but not limited to, interference with other telecommunications facilities and household electronics (radios, phones, TV’s, etc.;).

When interference occurs, the Zoning Administrator may require that the carrier responsible for the cell site in question submit an analysis/statement prepared by a licensed Electrical Engineer containing scientific evidence whether the claimed interference is caused by the cell site. If interference is proven to occur, the antenna owner/operator or service carrier shall be responsible for mitigating the effects of the interference. If a reasonable good-faith effort is not made by the antenna owner/operator toward resolving or mitigating the interference problems, revocation proceedings may be initiated.

  • C. Maintenance & Safety. All telecommunication facilities shall be reviewed and comments provided by the San Ramon Valley Fire Protection District, San Ramon Police Department, and must comply with the Uniform Building Code (UBC) and any conditions imposed by the Building Official, Fire Chief, Police Chief and the Zoning Administrator.

Telecommunications towers and antennas shall be designed to remain in operation during a disaster. All possible measures to protect against fire, flood, earthquake, etc., shall be made.

Wireless communication facilities may be required to provide warning signs, fencing, anticlimbing devices, or other techniques to control unauthorized access and vandalism and shall be maintained graffiti free and in good condition. The design of any fencing and anti-climbing devices shall be subject to the Zoning Administrator review and approval, who may at his/her discretion require a maintenance agreement to address these issues.

  • D. RF Emission Monitoring. Telecommunication facilities, whether operating alone or in conjunction with other facilities shall not generate radio frequency emissions in excess of the standards established by the Federal Communications Commission (FCC) and in compliance with the standards in this Chapter.

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An annual RF exposure report may be required as a condition of approval for all wireless telecommunications projects. The report shall be prepared by a certified NIER Professional and submitted to the Zoning Administrator to ensure that no modifications to the site, surrounding environment, or equipment wear and tear have caused an increase in RF exposure over the years. In the event an increase over accepted levels is detected, the applicant shall be responsible for immediately making all necessary adjustments to comply with FCC standards; otherwise revocation proceedings shall immediately begin.

An updated RF emission report may be required as part of an administrative ten-year life of approval renewal and for every subsequent ten years required under Section D4-46.C.

  • E. Confirmation of Height. The Zoning Administrator may require, as a condition of project approval, that a licensed surveyor verify the telecommunications facility height within 60 days of the telecommunications tower, antenna or facility installation. If the height confirmation procedure is requested, the applicant shall be responsible for coordinating the procedure and submit the licensed surveyor’s statement of actual height.

  • F. Performance and Maintenance Agreement. The City may require, as a condition of project approval, that the applicant for a telecommunications facility enter into a Performance and/or Maintenance Agreement with the City of San Ramon prior to initiating construction.

The terms of the agreement may include items to ensure compliance with the provisions of this section, as well as a requirement that the applicant post a financial security to ensure that the approved facility is properly installed, maintained and to guarantee that the facility is dismantled and removed in accordance to the provisions of this section.

The financial security may be a bond or letter of credit acceptable to the City of San Ramon. The amount of the bond shall be based on a cost estimate equal to 125% of building permit evaluation based on the amount needed to return the facility and surrounding area to its original condition.

  • G. Abandoned Sites. A telecommunication facility shall be removed and the site restored to its prior condition if the business vacates or no longer operates the facility.

D4-46 - Administration

  • A. Notification. A minimum 10-day notice of public hearing shall be sent to all property owners within a 300-foot radius of the parcel where the proposed facility is to be located. The Zoning Administrator may also require noticing of projects subject to the administrative review process and/or extend the minimum 300-foot radius to include geographic areas immediately outside the 300-foot radius and potentially affected by the project.

  • B. Appeal. A decision of the Zoning Administrator may be appealed in compliance with Chapter D7II (Appeals and Calls for Review).

  • C. Duration of approval. Unless otherwise established in the project’s conditions of approval, all approvals for telecommunications structures shall be valid unless revoked, abandoned or expired as described below City may require an administrative review to verify compliance with original project approval and all applicable provisions of this section to address any operational concerns associated with an approved telecommunication site. Based on the nature of the review an updated RF Emissions Report may be required. The RF Emissions Report shall be prepared by a NIER Professional and submitted to verify compliance with current State and Federal standards.

  • D. Lapse of approval. The approval of any telecommunications administrative review, Land Use Permit, Design Review or Modification application authorizing installation or changes to a telecommunications structure and related facilities shall become null and void if any of the following occurs:

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  1. The project is not implemented/constructed within one-year of its approval, or

  2. The project is implemented/constructed, and its approval has expired, or an extension not granted beyond the original life of project approval. If the facility is co-located with other carriers approved at different dates, a separate expiration date will be applicable to each carrier/applicant according to their original approval dates.

  • E. Expiration or abandonment of permits. Any discretionary planning approvals shall become null and void if lease or rental agreements pertaining to the property on which the telecommunications structure or related facility is located expires or is terminated, and if the facility is abandoned or use is discontinued for more than six months. After this period, a new permit consistent with the provisions of this ordinance would be required to re-instate the project.

  • F. Permit revocation. In the event of any breach of this Chapter, conditions of approval, or other required agreements of the permit, the City shall notify the applicant and schedule a revocation hearing in accordance with Division D6 (Planning Permit Procedures).

  • G. Removal of facilities and change of ownership. The applicant shall be responsible for notifying the Zoning Administrator in writing upon temporary or permanent cessation of operation, or change of ownership of any telecommunications facility. The applicant and/or property owner shall be responsible for removal of all obsolete or unused facilities, or portions thereof, within six months of termination of lease, cessation of operation, permit expiration or revocation. The site shall be restored to its original condition to the satisfaction of the Zoning Administrator.

operation, or change of ownership of any telecommunications facility. The applicant and/or property owner shall be responsible for removal of all obsolete or unused facilities, or portions thereof, within six months of termination of lease, cessation of operation, permit expiration or revocation. The site shall be restored to its original condition to the satisfaction of the Zoning Administrator.

  • H. Pre-existing & non-conforming uses or structures. All telecommunications towers and antennas legally approved prior to the date this Chapter was adopted shall be allowed to continue as they presently exist and will be considered legal non-conforming uses and structures, provided that all proper building permits were approved. Some facilities may be considered legal conforming uses and structures depending on the original project approval. However, new construction, other than routine maintenance (as determined by the Director) on the existing facilities, shall comply with the requirements of this Chapter.

All previous discretionary planning approvals shall only remain in effect until its permit expires, is abandoned or revoked in accordance to the provision of this Chapter.

  • I. Changes in Federal or State regulations. All telecommunications facilities shall meet current standards and regulations of the Federal Communications Commission (FCC), California Public Utilities Commission (CPUC), and any other agencies with authority to regulate wireless telecommunications service providers. If existing standards or regulations are changed, the applicant shall bring its facilities into compliance with the new standards within 90 days of the effective date of such standards, unless the Federal or State agency mandates a more restrictive compliance schedule. Changes to approved projects are subject to the Modification process in accordance with this Chapter.

Failure to comply with adopted new State or Federal requirements shall trigger the revocation procedure in accordance to Subsection F.

  • J. Map and list of locations. The City will maintain a map of telecommunications facilities within the city and shall make the information readily available to the public. The facilities mapped shall include those which were subject to the discretionary review process of this Chapter and were ultimately approved and constructed.

Facilities approved and installed prior to the adoption of this Ordinance will be included in the map to the best of staff’s knowledge. It is the responsibility of the telecommunications providers to inform the City of their pre-existing facilities and any changes in the carrier’s status including name, ownership, and whether the wireless business/facility has been discontinued.

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  • K. Indemnity and liability. The telecommunications service provider shall defend, indemnify and hold harmless the City or any of its boards, commissions, agents, officers, and employees from any claim, action, or proceedings against the City, its boards, commissions, agents, officers, and employees to attack, set aside, void, or annul the approval of a project. The City shall notify the telecommunications service provider of any such claim, action or proceeding. The City shall have the option of participating in the defense, if the City bears its own attorney fees and costs, and the City defends the action in good faith.

Telecommunications service providers shall be strictly liable for any and all sudden and accidental pollution and gradual pollution from usage of their service/facilities within the City. This liability shall include cleanup, injury or damage to persons or property. Additionally, telecommunications service providers shall be responsible for any sanctions, fines, or other monetary costs imposed as a result of release of pollutants from their operations.

Telecommunications service providers shall be strictly liable for any and all damages resulting from electromagnetic waves or radio frequency emissions in excess of the Federal Communications Commission (FCC) standards.

  • L. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provisions or applications of the ordinance. To this end, the provisions of this ordinance are severable. This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof.

D4-47 through D4-54- Reserved