HomeMy WebLinkAboutOrdinance 56551
027120324
Ordinance No. 5655
Ordinance of the Council of the City of Palo Alto Amending Chapter 18.42 (Standards for Special
Uses) of the Palo Alto Municipal Code on a Temporary Basis to Modify the Procedure and
Standards Governing the Review of Wireless Communications Facilities Applications; and
repealing Resolution 9873 (Amending Objective Aesthetic, Noise, and Related Standards for
Wireless Communication Facilities in the Public Rights of Way)
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
A.The City Council has adopted a Wireless Communication Facilities (WCF) 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.
B.Federal and state law place significant limits on the City’s exercise of local control over
WCF matters. On September 26, 2018, the Federal Communications Commission adopted
a Declaratory Ruling and Third Report and Order (WT Docket No. 1779; WC Docket No.
1784; FCC 18-133), further limiting local control.
C.On August 12, 2020, in a decision in the City of Portland v. FCC, the United States Court of
Appeals for the Ninth Circuit invalidated certain elements of the FCC’s Order 18-133
restricting local aesthetic regulations of WCFs. Specifically, the Court struck down the
requirements that local standards be “objective” and “no more burdensome” than those
applied to similar types of infrastructure installations. Now, a city’s aesthetic regulations
for small wireless facilities will not be preempted by federal law if they are: (1) reasonable
(technically feasible and reasonably directed at remedying aesthetic harms) and (2)
published in advance.
D.As a result of the Portland decision, the City Council wishes to modify the WCF ordinance
provisions relating to the permit review process for Tier 2 and Tier 3 Facilities in the public
right-of-way, to repeal references to the Objective Aesthetic, Noise, and Related
Standards and to require review of such applications by the Architectural Review Board
(ARB) under the City’s architectural review findings.
E.Section 18.80.090 of the Palo Alto Municipal Code authorizes the City Council to change
or suspend operation of the Zoning Code for temporary periods without review by the
Planning and Transportation Commission when in the determination of the council such
suspension or change is necessary for the public health, safety or welfare.
SECTION 2. Resolution 9873, Amending Objective Aesthetic, Noise, and Related
Standards for Wireless Communication Facilities in the Public Rights of Way, adopted
December 16, 2019, is hereby repealed. For the avoidance of doubt, by this action
Council repeals all prior versions of these objective standards, including Resolution 9825
(April 19, 2019), Resolution 9847 (June 17, 2019), and Resolution 9855 (August 12,
2019).
Docusign Envelope ID: 8DE517EC-EF9A-4596-B46B-F576F16C8176
2
027120324
SECTION 3. Section 18.42.110 Wireless Communication Facilities is hereby amended to
read as follows (additions in underline format and deletions in strikethrough format):
18.42.110 Wireless Communication Facilities
(a)Purpose and Interpretation
The purpose of this section is two-fold: (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 ultra-high-speed and -capacity broadband wireless communication facilities technology and
innovations and the delivery of ultra-high-speed 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. 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
section are tailored to the type of wireless communication facility that is sought. Building-
mounted 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 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 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.
Docusign Envelope ID: 8DE517EC-EF9A-4596-B46B-F576F16C8176
3
027120324
(2)"Associated equipment" means any and all on-site equipment, including, without
limitation, back-up 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:
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.
B.Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power
supplies, and comparable equipment, regardless of technological configuration (including
Distributed Antenna Systems ("DAS") and small-cell networks).
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 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: a constructed 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
Docusign Envelope ID: 8DE517EC-EF9A-4596-B46B-F576F16C8176
4
027120324
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 and Job
Creation Act of 2012, 47 U.S.C. § 1455(a) (providing, in part, "… a State or 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
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.
(13)"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:
A. For a tower not located in the public rights-of-way:
Docusign Envelope ID: 8DE517EC-EF9A-4596-B46B-F576F16C8176
5
027120324
i.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
ii. 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.
B.For a tower located in the public rights-of-way and for all base stations:
i.The height of the tower or base station is increased by more than ten (10) percent or
ten (10) feet, whichever is greater; or
ii. 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
iii.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
iv. It involves the installation of any new equipment cabinets on the ground if there is
no pre-existing ground cabinet associated with that structure.
C.For any eligible support structure:
i.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
ii. There is entailed in the proposed modification any excavation or deployment outside
of the current site of the tower or base station; or
iii.The proposed modification would cause the concealment/camouflage elements of
the tower or base station to be defeated; or
iv.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
non-compliance 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.
D.To measure changes in height for the purposes of this section, the baseline is:
i. For deployments that are or will be separated horizontally, measured from the
original support structure;
ii. 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.
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.
Docusign Envelope ID: 8DE517EC-EF9A-4596-B46B-F576F16C8176
6
027120324
(14)"Tower" means any structure built for the sole or primary purpose of supporting any
FCC-licensed or -authorized antenna, including any structure that is constructed for wireless
communications service. This term does not include a base station.
(15)"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 wireless facility, tower, and/or transmission equipment located
in Palo Alto, but does not include:
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 Over-The-Air-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.
(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:
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
C.Any 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:
Docusign Envelope ID: 8DE517EC-EF9A-4596-B46B-F576F16C8176
7
027120324
(1)Any applicant for a WCF Permit shall participate in an intake meeting with the Planning
and Community Environment Department when filing an application;
(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. Before an application may be
approved, the applicant shall provide a proof of notice affidavit to the city that contains:
A.Proof that the applicant noticed and hosted the community meeting no later than 15
days after filing the application;
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
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.
(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;
Docusign Envelope ID: 8DE517EC-EF9A-4596-B46B-F576F16C8176
8
027120324
(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:
A.The proposed collocation or modification shall not defeat any existing concealment
elements of the support structure; and
B.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. For WCF installations in the
public right of way, the Director shall refer applications to the Architectural Review Board for
review. 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 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. For WCF installations in the public right of way, the Director shall
refer applications to the Architectural Review Board for review. 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 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 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
Docusign Envelope ID: 8DE517EC-EF9A-4596-B46B-F576F16C8176
9
027120324
Unless the City Council has adopted more specific standards, and except as otherwise
provided in this section, a proposed WCF Project shall comply with the following standards:
(1)Shall utilize the smallest antennae, radio, and associated equipment, as measured by
volume, technically feasible to achieve a network objective;
(2)Shall be screened from public view;
(3)When attached to an existing structure, shall be shrouded or screened using materials
or colors found on existing structure;
(4)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;
(5)An antenna, base station, or tower 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;
(6)Shall not be attached on a historic structure/site, as designated by Chapter 16.49;
(7)Except as otherwise permitted by the Spectrum Act, a building-mounted WCF may
extend no more than fifteen (15) feet beyond the permitted height of the building in the zone
district;
(8)Except as otherwise permitted by the Spectrum Act, a tower or other stand-alone Tier 3
WCF Project shall not exceed beyond sixty-five (65) feet in height; and
(9)A tower or other stand-alone 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, City Council, or deemed
granted by operation of law, shall be subject to the following conditions of approval:
(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)As-built plans. The applicant shall submit to the Director an as-built 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.
Docusign Envelope ID: 8DE517EC-EF9A-4596-B46B-F576F16C8176
10
027120324
(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 public rights-
of-way is subject to the city’s prior right to use, maintain, expand, replace or remove from use
such facilities in the reasonable exercise of its governmental or proprietary powers. Such permit
is further subject to the city’s right to construction, maintain, and modify streets, sidewalks,
and other improvements in the public rights-of-way. The city, in its sole discretion, may require
removal or relocation of a permittee’s equipment, at permittee’s sole cost and expense, if
necessary to accommodate a city use.
(8)Replacement. Where feasible, as new technology becomes available, the applicant shall
place above-ground equipment below ground and replace equipment remaining above-ground
with smaller equipment, as determined by volume. The applicant shall obtain all necessary
permits and approvals for such replacement.
(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 twelve-month limit.
(k) Exceptions
(1)The decision-making 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
Docusign Envelope ID: 8DE517EC-EF9A-4596-B46B-F576F16C8176
11
027120324
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.
(43)The applicant shall have the burden of proving that federal law, state law, or both
compel the decision-making authority to grant the requested exception(s), using the
evidentiary standards applicable to the law at issue. The Ccity shall have the right to hire
independent consultants, at the applicant’s expense, to evaluate the issues raised by the
exception request and to submit rebuttal evidence where applicable.
(l)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
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.
(m)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 applicant’s expense.
Docusign Envelope ID: 8DE517EC-EF9A-4596-B46B-F576F16C8176
12
027120324
SECTION 4. Severability. If any provision, clause, sentence or paragraph of this
ordinance, or the application to any person or circumstances, shall be held invalid, such
invalidity shall not affect the other provisions of this Ordinance which can be given effect
without the invalid provision or application and, to this end, the provisions of this Ordinance
are hereby declared to be severable.
SECTION 5. Effective Date. This Ordinance shall be effective on the thirty-first date
after the date of its adoption.
SECTION 6. This ordinance shall be of no further force or effect as of June 10, 2027, or
unless repealed earlier by the Council.
SECTION 7. CEQA. The City Council finds and determines that this Ordinance is not a
project within the meaning of section 15378 of the California Environmental Quality Act
(“CEQA”) Guidelines because it has no potential for resulting in physical change in the
environment, either directly or ultimately. In the event that this Ordinance is found to be a
project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section
15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on
the environment in that this Ordinance simply clarifies existing local regulations.
INTRODUCED: MAY 19, 2025
PASSED: JUNE 9, 2025
AYES: BURT, LAUING, LU, LYTHCOTT-HAIMS, RECKDAHL, STONE, VEENKER
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:
APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:
City Manager
City Attorney or designee
Director of Planning and
Community Environment
Docusign Envelope ID: 8DE517EC-EF9A-4596-B46B-F576F16C8176
Certificate Of Completion
Envelope Id: 8DE517EC-EF9A-4596-B46B-F576F16C8176 Status: Completed
Subject: ORD 5655 - Wireless Communications Facilities
Source Envelope:
Document Pages: 12 Signatures: 5 Envelope Originator:
Certificate Pages: 2 Initials: 0 Christine Prior
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
250 Hamilton Ave
Palo Alto , CA 94301
Christine.Prior@PaloAlto.gov
IP Address: 165.225.242.87
Record Tracking
Status: Original
6/12/2025 7:36:30 AM
Holder: Christine Prior
Christine.Prior@PaloAlto.gov
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Palo Alto Location: Docusign
Signer Events Signature Timestamp
Aylin Bilir
Aylin.Bilir@paloalto.gov
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 199.33.32.254
Sent: 6/12/2025 7:39:45 AM
Viewed: 6/12/2025 9:35:48 AM
Signed: 6/12/2025 9:40:52 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Jonathan Lait
Jonathan.Lait@paloalto.gov
Director, Planning and Development Services
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 199.33.32.254
Sent: 6/12/2025 9:40:54 AM
Viewed: 6/12/2025 9:47:47 AM
Signed: 6/12/2025 9:48:13 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Ed Shikada
Ed.Shikada@paloalto.gov
Ed Shikada
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 199.33.32.254
Sent: 6/12/2025 9:48:14 AM
Viewed: 6/12/2025 11:51:32 AM
Signed: 6/12/2025 11:51:40 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Ed Lauing
Ed.Lauing@paloalto.gov
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 67.188.59.65
Sent: 6/12/2025 11:51:42 AM
Viewed: 6/12/2025 2:04:42 PM
Signed: 6/12/2025 2:05:15 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Signer Events Signature Timestamp
Mahealani Ah Yun
Mahealani.AhYun@paloalto.gov
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 199.33.32.254
Sent: 6/12/2025 2:05:17 PM
Viewed: 6/13/2025 1:34:14 PM
Signed: 6/13/2025 1:34:28 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 6/12/2025 7:39:45 AM
Certified Delivered Security Checked 6/13/2025 1:34:14 PM
Signing Complete Security Checked 6/13/2025 1:34:28 PM
Completed Security Checked 6/13/2025 1:34:28 PM
Payment Events Status Timestamps