HomeMy WebLinkAbout2019-05-13 Ordinance 54651
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Ordinance No. 5465
Ordinance of the Council of the City of Palo Alto Amending
Section 18.42.110 (Wireless Communication Facilities) of Chapter 18.42
(Standards for Special Uses) of Title 18 (Zoning) of the Palo Alto Municipal
Code to Update the Code
Third Report and Order (FCC 18133)
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
A. The tremendous growth in personal wireless services has created an increased demand
for new wireless antennas and equipment. Wireless service providers are increasingly
seeking to utilize public rights of way to deploy small wireless facilities to improve and
expand coverage.
B. The unregulated installation of wireless facilities, including small cell antennas, in public
rightsofway and in other locations, poses a threat to the public health, safety and
welfare, including: traffic and pedestrian safety hazards due to unsafe siting; negative
and irreversible impacts to trees, landscaping, and infrastructure; noise concerns; and
visual and aesthetic blight due to excessive height and lack of camouflaging, negatively
impacting the unique character of the City.
C. The reasonably regulated and orderly deployment of wireless telecommunications
facilities in the public rightofway is desirable, and unregulated or disorderly
deployment represents a threat to the health, welfare and safety of the community.
D. Local jurisdictions must reasonably allow wireless telecommunication facilities to be
located in public rightsofway, but may impose regulations based on published
aesthetic standards.
E. The regulations of wireless installations are necessary to protect and preserve the
aesthetic character of the community and to ensure that all wireless
telecommunications facilities are installed using the least intrusive means possible.
F. The City Council has adopted a Wireless Communication Facilities (WCFs) code to
regulate the various health, welfare, and safety impacts presented by the proliferation
of WCFs and to balance these impacts with the interests of consumers in receiving the
benefits of wireless technologies.
G.
WCF matters. On September 26, 2018, the Federal Communications Commission
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adopted a Declaratory Ruling and Third Report and Order (WT Docket No. 1779; WC
Docket No. 1784; FCC 18133), further limiting local control.
H. The purpose of the amendments herein is to establish uniform and comprehensive
standards and regulations regarding the siting, development, and operation of wireless
telecommunication facilities within the City in a manner consistent with State and
Federal law.
SECTION 2. Section 18.42.110 of Chapter 18.42 is hereby amended to read as follows:
18.42.110 Wireless Communication Facilities
(a) Purpose and Interpretation
The purpose of this section is twofold: (A) to implement within the jurisdictional
boundaries of the city the applicable zoning, land use and other laws, rules, regulations and
policies and procedures applicable to siting applications filed with the city by wireless
communications facilities infrastructure owners and operators and wireless communications
service providers, which seek to install or attach their facilities at locations in Palo Alto; and (B)
to accommodate new wireless technologies and continued improvements to existing wireless
communications facilities while minimizing their adverse visual and structural health and safety
impacts. Consistent with that purpose, the provisions of this section are to be construed in a
manner that is consistent with (1) the interest of consumers in receiving the benefits of the
deployment of ultrahighspeed and capacity broadband wireless communication facilities
technology and innovations and the delivery of ultrahighspeed and capacity broadband
wireless communications facilities services, (2) the interest in safeguarding the environment,
preserving historic properties, and addressing aesthetics and other local values, and (3) the
interest in promoting the public health, safety and welfare in Palo Alto. Although this Section
implements and references provisions of preemptive state and federal law, nothing in this
Section shall be interpreted to create an independent source of the rights provided an applicant
by such state or federal law.
A wireless communications facility is permitted to be sited in Palo Alto subject to
applicable requirements imposed by this chapter, which may include an architectural review
process, a conditional use permit application process, or both. These processes are intended to
permit wireless communications facilities that blend with their existing surroundings and do not
negatively impact the environment, historic properties, or public safety. The procedures
prescribed by this chapter Section are tailored to the type of wireless communication facility
that is sought. Buildingmounted wireless communications facilities and collocation of facilities
are preferred and encouraged, subject to all other provisions of this section.
(b) Definitions
The following abbreviations, phrases, terms and words shall have the meanings assigned
in this section or, as appropriate, in Section 18.04.030 and Section 1.04.050 of the Palo Alto
Municipal Code, as may be amended from time to time, unless the context indicates
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otherwise. Words that are not defined in this section or other chapters or sections of the Palo
Alto Municipal Code shall have the meanings as set forth in Chapter 6 of Title 47 of the United
States Code, Part 1 of Title 47 of the Code of Federal Regulations, and, if not defined therein,
their common and ordinary meaning.
(1) "Antenna" means a that part of a wireless communications facility designed
to radiate or receive radio frequency signals or electromagnetic waves for the provision of
personal wireless services, as defined in 42 U.S.C. § 332(c)(7)(C)(i). This definition does not
include antennas designed for amateur or household use. wireless antenna and its associated
equipment. The term includes a macrocell antenna and a microcell antenna.
(2) "Associated equipment" means any and all onsite equipment, including,
without limitation, backup generators and power supply units, cabinets, coaxial and fiber optic
cables, connections, shelters, radio transceivers, regular power supply units, and wiring, to
which a wireless antenna is attached in order to facilitate mobile broadband service and
personal wireless service delivered on mobile broadband devices.
(3) "Base Station" means the same as defined by the FCC at 47 C.F.R. §
1.6100(b), as it may be amended from time to time. For the purpose of convenience only, this
definition is stated as follows: a structure or equipment at a fixed location that enables FCC
licensed or authorized wireless communications between user equipment and a
communications network. The term does not encompass a tower as defined herein or any
equipment associated with a tower. Base Station includes, without limitation:
(i)a. Equipment associated with wireless communications services
such as private, broadcast, and public safety services, as well as unlicensed wireless services
and fixed wireless services such as microwave backhaul.
(ii)b. Radio transceivers, antennas, coaxial or fiberoptic cable, regular
and backup power supplies, and comparable equipment, regardless of technological
configuration (including Distributed Antenna Systems ("DAS") and smallcell networks).
(iii)c. Any structure other than a tower that, at the time the relevant
application is filed with the city under this section, supports or houses equipment described in
paragraphs (i)(ii) above and has been previously reviewed and approved by the city.
(4) "Collocation" means the same as defined in valid regulations promulgated
by the FCC, including 47 C.F.R. §§ 1.6002(g) or 1.6100(b), as those sections may be amended
from time to time. For the purpose of convenience only, the definition provided in 47 C.F.R. §
1.6100(b), for eligible facilities requests, is stated as follows: the mounting or installation of
transmission equipment on an eligible support structure for the purpose of transmitting and/or
receiving radio frequency signals for communications purposes.
(5) "Eligible Facilities Request" means the same as defined by the FCC at 47
C.F.R. § 1.6100(b), as it may be amended from time to time. For the purpose of convenience
only, this definition is stated as follows: any request for modification of an existing tower or
base station that, within the meaning of the Spectrum Act, does not substantially change the
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physical dimensions of that tower or base station, and involves (a) the collocation of new
transmission equipment, (b) the removal of transmission equipment, or (c) the replacement of
transmission equipment.
(6) "Eligible Support Structure" means the same as defined by the FCC at 47
C.F.R. § 1.6100(b), as it may be amended from time to time. For the purpose of convenience
only, this definition is stated as follows: any existing tower or base station that exists at the
time the application is filed with the city.
(7) "Existing" means the same as defined by the FCC at 47 C.F.R. § 1.6100(b), as
it may be amended from time to time. For the purpose of convenience only, this definition is
stated as follows: for a constructed tower or base station, means that the tower or base station
is existing for purposes of an eligible facilities request if has been previously reviewed and
approved under the applicable city zoning or siting process, or under another applicable state
or local regulatory review process, provided that a tower that has not been reviewed and
approved because it was not in a zoned area when it was built, but was lawfully constructed, is
"Existing" for purposes of this definition.
(8) "FCC" means the Federal Communications Commission or successor agency.
(9) "Project" means a WCF to be located in Palo Alto for which a permit is
required by the city.
(10) "RF" means radio frequency on the radio spectrum.
(11) "Spectrum Act" means Section 6409(a) of the Middle Class Tax Relief Act
local
government may not deny, and shall approve, any Eligible Facilities Request for a modification
of any existing wireless Tower or Base Station that does not substantially change the physical
dimensions of such Tower or Base Station.").
(12) "Small Wireless Facility," means the same as defined in any valid
regulations adopted by the FCC. For purposes of convenience only, the definition provided at
47 C.F.R. Section 1.1312(e)(2) is stated here as follows: a facility that meets each of the
following conditions:
a. The structure on which antenna facilities are mounted:
(I) Is 50 feet or less in height, or
(II) Is no more than 10 percent taller than other adjacent
structures, or
(III) Is not extended to a height of more than 10 percent above its
preexisting height as a result of the collocation of new antenna
facilities; and
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b. Each antenna (excluding associated antenna equipment) is no more
than three cubic feet in volume; and
c. All antenna equipment associated with the facility (excluding antennas)
are cumulatively no more than 28 cubic feet in volume; and
d. The facility does not require antenna structure registration under 47
C.F.R. Section 17; and
e. The facility is not located on Tribal lands, as defined under 36 C.F.R. §
800.16(x); and
f. The facility does not result in human exposure to radiofrequency
radiation in excess of the applicable safety standards specified by the FCC.
(1213) "Substantially Changes" means the same as defined by the FCC at 47
C.F.R. § 1.6100(b), as it may be amended from time to time. For the purpose of convenience
only, this definition is stated as follows: in the context of an eligible support structure, a
modification of an existing tower or base station where any of the following criteria is met:
(i)a. For a tower not located in the public rightsofway:
(aI) The height of the tower is increased by (I) more than ten (10)
percent, or (II) by the height of one additional antenna array with
separation from the nearest existing antenna not to exceed
twenty (20) feet, whichever is greater; or
(bII) There is added an appurtenance to the body of the tower
that would protrude from the edge of the tower by (I) more than
twenty (20) feet, or (II) more than the width of the tower at the
level of the appurtenance, whichever is greater.
(ii)b. For a tower located in the public rightsofway and for all base
stations:
(aI) The height of the tower or base station is increased by more
than ten (10) percent or ten (10) feet, whichever is greater; or
(bII) There is added an appurtenance to the body of that
structure that would protrude from the edge of that structure by
more than six (6) feet; or
(cIII) It involves the installation of ground cabinets that are more
than ten (10) percent larger in height or overall volume than any
other ground cabinets associated with the structure; or
(dIV) It involves the installation of any new equipment cabinets
on the ground if there is no preexisting ground cabinet
associated with that structure.
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(iii)c. For any eligible support structure:
(aI) It involves the installation of more than the standard number
of new equipment cabinets for the technology involved, but not
to exceed four (4) cabinets; or
(bII) There is entailed in the proposed modification any
excavation or deployment outside of the current site of the tower
or base station; or
(cIII) The proposed modification would cause the
concealment/camouflage elements of the tower or base station
to be defeated; or
(dIV) The proposed modification would not comply with the
conditions associated with the prior siting approval of
construction or modification of the tower or base station, unless
the noncompliance is due to an increase in height, increase in
width, addition of cabinets, or new excavation that does not
exceed the corresponding thresholds in this section.
(iv)d. To measure changes in height for the purposes of this section, the
baseline is:
(aI) For deployments that are or will be separated horizontally,
measured from the original support structure;
(bII) For all others, measured from the dimensions of the tower
or base station, inclusive of originally approved appurtenances
and any modifications that were approved by the city prior to
February 22, 2012.
(v)e. To measure changes for the purposes of this section, the baseline is
the dimensions that were approved by the city prior to February 22, 2012.
(1314) "Tower" means any structure built for the sole or primary purpose of
supporting any FCClicensed or authorized antenna, including any structure that is constructed
for wireless communications service. This term does not include a base station.
(1415) "Transmission Equipment" means the same as defined by the FCC at 47
C.F.R. § 1.6100(b), as it may be amended from time to time. For the purpose of convenience
only, this definition is stated as follows: equipment that facilitates transmission of any FCC
licensed or authorized wireless communication service.
(16) "Wireless Communications Facility" or "WCF" means any antenna,
associated equipment, base station, small cell system, Small Wireless Facility, tower, and/or
transmission equipment located in Palo Alto, but does not include :
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a. A facility that qualifies as an amateur station as defined by the
FCC, 47 C.F.R. Part 97, or its successor regulation;
b. An antenna facility that is subject to the FCC OverTheAir
Receiving Devices rule, 47 C.F.R. Section 1.4000, or any successor regulation;
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;
d. Mobile services providing public information coverage of news
events of a temporary nature.
e. Telecommunications facilities owned and operated by any
government agency or emergency medical care provider.
(16) "Wireless Communications Service" means, without limitation, all FCClicensed
backhaul and other fixed wireless services, broadcast, private, and public safety
communication services, and unlicensed wireless services.
(c) Types of WCF Permits Required
(1) A Tier 1 WCF Permit shall be required for an eligible facilities request, as
defined in this section.
(2) A Tier 2 WCF Permit shall be required for:
(i)a. Any modification of an eligible support structure, including the
collocation of new equipment, that substantially changes the physical dimensions of the eligible
support structure on which it is mounted; or
b. Any collocation of a Small Wireless Facility; or
(ii)c. Any other collocation not eligible for a Tier 1 WCF Permit.
(3) A Tier 3 WCF Permit shall be required for the siting of any WCF, including a
Small Wireless Facility, that is not a collocation subject to a Tier 1 or 2 WCF Permit. An
application shall not require a Tier 3 WCF Permit solely because it proposes the replacement in
place of an existing streetlight or wood utility pole.
(d) WCF Application Requirements
All applications for a WCF Permit shall include the following items:
(1) Any applicant for a WCF Permit shall participate in an intake meeting with
the Planning and Community Environment Department to file when filing an application;
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(2) The applicant must specify in writing whether the applicant believes the
application is for an eligible facilities request subject to the Spectrum Act, and if so, provide a
detailed written explanation as to why the applicant believes that the application qualifies as an
eligible facilities request;
(3) The applicant shall complete the city's standard application form, as may be
amended from time to time;
(4) The applicant shall include a completed and signed application checklist
available from the city, including all information required by the application checklist;
(5) Payment of the fee prescribed by the Municipal Fee Schedule;
(6) The application must be accompanied by all permit applications with all
required application materials for each separate permit required by the city for the proposed
WCF, including a building permit, an encroachment permit (if applicable) and an electrical
permit (if applicable);
(7) For Tier 2 and 3 WCF Permits, the applicant must host a community meeting
at a time and location designed to maximize attendance by persons receiving notice under this
subparagraph to provide outreach to the neighborhood around the project site. The applicant
shall give notice of the community meeting to all residents and property owners within 600 feet
of the project site at least 14 days in advance of the community meeting. Applicants are
encouraged to host the meeting before submitting an application. The Before an application
may be approved, the applicant shall provide a proof of notice affidavit to the city that
contains:
(i)a. Proof that the applicant noticed and hosted the community
meeting no later than 15 days after filing the application .before filing the application;
(ii)b. A summary of comments received at the community meeting and
what, if any, changes were made to the application as a result of the meeting;
(8) For Tier 3 WCF Permits, the plans shall include a scaled depiction of the
maximum permitted increase in the physical dimensions of the proposed project that would be
feasible and permitted by the Spectrum Act, using the proposed project as a baseline; and
(9) Satisfy other such requirements as may be, from time to time, required by
the Planning and Community Environment Department Director ("Director"), as publically
stated in the application checklist.
(e) Permit Review ("Shot Clock") Time Periods. The City shall review and act upon
application materials in a manner consistent with any timeframes provided in controlling state
or federal law, including valid regulations and orders promulgated by the FCC.
(1) City review of application materials. The timeframe for review of an
application shall begin to run when the application is submitted, but shall be tolled if the city
finds the application incomplete and provides notice of incompleteness that delineates the
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missing information in writing. Such requests shall be made within 30 days of submission of the
application. After submission of additional information, the city will notify the applicant within
10 days of this submission if the additional information failed to complete the application. If the
city makes a determination pursuant to Section 18.42.110(e)(2)(i) that an application submitted
as a Tier 1 eligible facilities request should be processed as a Tier 2 or Tier 3, then the Tier 2 or
Tier 3 processing time, as applicable, shall begin to run when the city issues this decision.
(2) Tier 1 processing time. For Tier 1 WCF Permit applications, the city will act
on the WCF application, together with any other city permits required for a proposed WCF
modification, within 60 days, adjusted for any tolling due to requests for additional information
or mutually agreed upon extensions of time.
(i) If the city determines that the application does not qualify as a Tier 1
eligible facilities request, the city will notify the applicant of that determination in writing and
will process the application as a Tier 2 or Tier 3 WCF Permit application, as applicable.
(ii) To the extent federal law provides a "deemed granted" remedy for
Tier 1 WCF Permit applications not timely acted upon by the city, no such application shall be
deemed granted until the applicant provides notice to the city, in writing, that the application
has been deemed granted after the time period provided in Section (e)(2) above has expired.
(iii) Any Tier 1 WCF Permit application that the city grants or that is
deemed granted by operation of federal law shall be subject to all requirements of
Section 18.42.110(i)(3), (5), (6) and (7) and 18.42.110(j)(1), (2), (3), (4), (5) and (6).
(3) Tier 2 processing time. For Tier 2 WCF Permit applications, the city will act
on the application within 90 days, adjusted for any tolling due to requests for additional
information or mutually agreed upon extensions of time.
(4) Tier 3 processing time. For Tier 3 WCF Permit applications, the city will act
on the application within 150 days, adjusted for any tolling due to requests for additional
information or mutually agreed upon extensions of time.
(5) Denial of application. If the city denies a WCF application, the city will notify
the applicant of the denial in writing of the reasons for the denial.
(f) Tier 1 WCF Permit Process and Findings
(1) A Tier 1 WCF Permit shall be reviewed by the Director. The Director's
decision shall be final and shall not be appealable;
(2) The Director shall grant a Tier 1 WCF Permit provided that the Director finds
that the applicant proposes an eligible facilities request;
(3) The Director shall impose the following conditions on the grant of a Tier 1
WCF Permit:
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(i)a. The proposed collocation or modification shall not defeat any
existing concealment elements of the support structure; and
(ii)b. The proposed WCF shall comply with the development standards in
Section 18.42.110(i)(3), (5), (6) and (7), and the conditions of approval in Section 18.42.110(j).
(g) Tier 2 WCF Permit Process and Findings
(1) A Tier 2 WCF Permit shall be reviewed by the Director, who may, in his or
her sole discretion, refer an application to the Architectural Review Board. The Director's
decision shall be appealable directly to the City Council. An appeal may be set for hearing
before the City Council or may be placed on the Council's consent calendar, pursuant to the
process for appeal of architectural review set forth in Section 18.77.070(f).
(2) The Director, or Council on appeal, shall grant a Tier 2 WCF Permit provided
the proposed WCF complies with the development standards in Section 18.42.110(i) and the
conditions of approval in Section 18.42.110(j), and all objective standards adopted and
amended from time to time by resolution of the City Council or the development standards in
Section 18.42.110(i). If such objective standards are repealed, an application shall not be
granted unless, in addition to the other requirements of this section, and all of the architectural
review findings in Section 18.76.020(d) can be made.
(3) The Director, or Council on appeal, shall deny a Tier 2 WCF Permit if the
above findings cannot be made.
(h) Tier 3 WCF Permit Process and Findings
(1) A Tier 3 WCF Permit shall be reviewed by the Director, who may, in his or
her sole discretion, refer an application to the Architectural Review Board and/or Planning and
Transportation Commission. The Director's decision shall be appealable directly to the City
Council. An appeal may be set for hearing before the City Council or may be placed on the
Council's consent calendar, pursuant to the process for appeal of architectural review set forth
in Section 18.77.070(f).
(2) The Director or Council on appeal shall grant a Tier 3 WCF Permit provided
the conditional use permit findings in Section 18.76.010(c) can be made and the proposed WCF
complies with the development standards in Section 18.42.110(i) and the conditions of
approval in Section 18.42.110(j), and all objective standards adopted and amended from time
to time by resolution of the City Council or the development standards in Section 18.42.110(i).
and all of the architectural review findings in Section 18.76.020(d) and the conditional use
permit findings in Section 18.76.010(c) can be made. If the City Council repeals all objective
standards, an application shall not be granted unless, in addition to the other requirements of
this section, all of the architectural review findings in Section 18.76.020(d) can be made.
(3) The Director, or Council on appeal, shall deny a Tier 3 WCF Permit if the
above findings cannot be made.
(i) Generally Applicable Development Standards
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Unless the City Council has adopted more specific standards, and E except as
otherwise provided in this section, a proposed WCF Project shall comply with the following
standards:
(1) Shall utilize the smallest footprint possible antennae, radio, and associated
equipment, as measured by volume, technically feasible to achieve a network objective;
(2) Shall be designed to minimize the overall height, mass, and size of the
cabinet and enclosure structure;
(32) Shall be screened from public view;
(43) When attached to an existing structure, shall be shrouded or screened
using materials or colors found on existing structure Shall be architecturally compatible with
the existing site;
(54) Shall be placed at a location that would not require the removal of any
required landscaping or would reduce the quantity of landscaping to a level of noncompliance
with the Zoning Code;
(65) An antenna, base station, or tower shall be designed to minimize its
visibility from offsite locations and shall be of a "camouflaged" or "stealth" design, including
concealment, screening, and other techniques to hide or blend the antenna, base station, or
tower into the surrounding area, such as the use of a monopine design;
(7) A buildingmounted antenna, base station, or tower shall be architecturally
compatible with the existing building on which the antenna, base station, or tower is attached;
(86) For any Tier 2 or Tier 3 WCF proposed to Shall not be attached on an
historic structure/site, as designated by Chapter 16.49, historic review shall also be required;
(97) Except as otherwise permitted by the Spectrum Act, a buildingmounted
WCF may extend no more than fifteen (15) feet beyond the permitted height of the building in
the zone district;
(108) Except as otherwise permitted by the Spectrum Act, a tower or other
standalone Tier 3 WCF Project shall not exceed beyond sixtyfive (65) feet in height; and
(119) A tower or other standalone Tier 3 WCF may encroach into the
interior/street side and rear setback.
(j) Conditions of Approval
In addition to any other conditions of approval permitted under federal and state law
and this Code that the Director deems appropriate or required under this Code, all WCF
Projects approved under this chapter, whether approved by the Director or deemed granted by
operation of law, shall be subject to the following conditions of approval:
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(1) Permit conditions. The grant or approval of a WCF Tier 1 Permit shall be
subject to the conditions of approval of the underlying permit, except as may be preempted by
the Spectrum Act.
(2) Asbuilt plans. The applicant shall submit to the Director an asbuilt set of
plans and photographs depicting the entire WCF as modified, including all transmission
equipment and all utilities, within ninety (90) days after the completion of construction.
(3) Applicant shall hire a radio engineer licensed by the State of California to
measure the actual radio frequency emission of the WCF and determine if it meets FCC's
standards. A report, certified by the engineer, of all calculations, required measurements, and
the engineer's findings with respect to compliance with the FCC's radio frequency emission
standards shall be submitted to the Planning Division within one year of commencement of
operation.
(4) Indemnification. To the extent permitted by law, the applicant shall
indemnify and hold harmless the city, its City Council, its officers, employees and agents (the
"indemnified parties") from and against any claim, action, or proceeding brought by a third
party against the indemnified parties and the applicant to attack, set aside or void, any permit
or approval authorized hereby for the Project, including (without limitation) reimbursing the
city for its actual attorneys' fees and costs incurred in defense of the litigation. The city may, in
its sole discretion and at Applicant's expense, elect to defend any such action with attorneys of
its own choice.
(5) Compliance with applicable laws. The applicant shall comply with all
applicable provisions of the Code, any permit issued under this Code, and all other applicable
federal, state and local laws (including without limitation all building code, electrical code and
other public safety requirements). Any failure by the City to enforce compliance with any
applicable laws shall not relieve any applicant of its obligations under this code, any permit
issued under this code, or all other applicable laws and regulations.
(6) Compliance with approved plans. The proposed Project shall be built in
compliance with the approved plans on file with the Planning Division.
(7) Subject to City Uses. Any permit to install or utilize poles or conduit in the
remove from use such facilities in the reasonable exercise of its governmental or proprietary
powers. Such permit
streets, sidewalks, and other improvements in the public rights of way. The City, in its sole
discretion, may require removal or relocation of equipment, at permitte
cost and expense, if necessary to accommodate a City use.
(8) Replacement. Where feasible, as new technology becomes available, the
applicant shall place aboveground equipment below ground and replace equipment remaining
aboveground with smaller equipment, as determined by volume. The applicant shall obtain all
necessary permits and approvals for such replacement.
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(9) Permit length. WCFs permits shall be valid for the time provided in Section
18.42.110(n), except that a permit shall automatically expire after twelve months from the date
of approval if within such twelve month period, the applicant has not obtained all necessary
permits to commence construction. The director may, without a hearing, extend such time for a
maximum period of twelve additional months only, upon application filed with him or her
before the expiration of the twelvemonth limit.
(k) Exceptions
(1) The decisionmaking authority may grant exceptions to objective
standards adopted by City Council resolution or any provision of this Section 18.42.110, upon
finding that:
a. The proposed WCF complies with the requirements of this Section
18.42.110 and any other requirements adopted by the City Council to
the greatest extent feasible; and either
b. As applied to a proposed WCF, the provision(s) from which exception
is sought would deprive the applicant of rights guaranteed by federal
law, state law, or both; or
c. Denial of the application as proposed would violate federal law, state
law, or both.
(2) An applicant must request an exception at the time an application is
initially submitted for a WCF permit under this Section 18.42.110. The request must include
both the specific provision(s) from which exception is sought and the basis of the request,
including all supporting evidence on which the applicant relies. Any request for exception after
the City has deemed an application complete constitutes a material change to the proposed
WCF and shall be considered a new application.
(3) If the applicant seeks an exception from objective standards adopted by
City Council resolution or generally applicable development standards, the Director may refer
the application to the Architectural Review Board for recommendation on whether the
application complies with such standards to the greatest extent feasible.
(4) The applicant shall have the burden of proving that federal law, state law,
or both compel the decisionmaking authority to grant the requested exception(s), using the
evidentiary standards applicable to the law at issue. The City shall have the right to hire
exception request and to submit rebuttal evidence where applicable.
(kl) Removal of Abandoned Equipment
A WCF (Tier 1, Tier 2, or Tier 3) or a component of that WCF that ceases to be in use for
more than ninety (90) days shall be removed by the applicant, wireless communications service
provider, or property owner within ninety (90) days of the cessation of use of that WCF. A new
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20190403 ay 0160010
WCF permit shall not be issued to an owner or operator of a WCF or a wireless communications
service provider until the abandoned WCF or its component is removed.
(lm) Revocation
The Director may revoke any WCF Permit if the permit holder fails to comply with any
condition of the permit. The Director's decision to revoke a Permit shall be appealable
pursuant to the process applicable to issuance of the Permit, as provided in subdivisions (f), (g),
and (h) of this section.
(n) Expiration
Except as otherwise provided in the permit or in a lease or license agreement with the
City of Palo Alto, WCF permits shall be valid for a period of ten years from the date of approval.
An applicant may seek extensions of an approved WCF permit in increments of no more than
ten years and no sooner than twelve months prior to the expiration of the permit. The Director
shall approve an extension request upon finding that that applicant has complied with all
conditions of approval for the WCF permit and will comply with all other requirements
applicable to WCFs at the time the extension is granted. Prior to issuing a decision on an
extension request, the Director may seek additional studies and information to be prepared at
the applicants expense.
SECTION 3. If any section, subsection, clause or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portion or
sections of the Ordinance. The Council hereby declares that it should have adopted the
Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the
fact that any one or more sections, subsections, sentences, clauses or phrases be declared
invalid.
SECTION 4. The Council finds that this ordinance is exempt from the provisions of the
Guidelines, because it does not authorize the construction of Wireless Communication Facilities
in any locations where such facilities are not already permitted; therefore it can be seen with
certainty that there is no possibility that the ordinance will have a significant effect on the
environment. The ordinance is further exempt under CEQA Guidelines sections 15301, 15302,
15303 and 15305 because it simply provides a comprehensive permitting scheme governing
minor alterations to existing facilities or small structures.
/ /
/ /
/ /
/ /
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20190403 ay 0160010
/ /
SECTION 5. This ordinance shall be effective on the thirtyfirst day after the date of its
adoption.
INTRODUCED: April 15, 2019
PASSED: May 13, 2019
AYES: CORMACK, DUBOIS, FILSETH, FINE, KNISS, KOU, TANAKA
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM:
Deputy City Attorney City Manager
Director of Planning & Community
Environment
DocuSign Envelope ID: 6129ABCB-7FF8-40C2-A758-E9383CA96B96
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