Chapter 18.67 WIRELESS TELECOMMUNICATIONS FACILITIES

Chapter 18.67
WIRELESS TELECOMMUNICATIONS FACILITIES

Sections:

Article I. Purpose and Definitions

18.67.010 Purpose.

18.67.020 Definitions.

Article II. General Regulations

18.67.110 Exemptions.

18.67.120 Permits required.

18.67.130 Application submittal requirements.

18.67.140 Findings.

18.67.150 General development standards.

18.67.160 Exceptions.

18.67.170 Standard conditions of approval.

Article III. 6409(a) Modifications

18.67.210 Required findings.

18.67.220 Effect on existing use permit.

18.67.230 Conditions of approval for Section 6409(a) modifications.

18.67.240 Effect of repeal of Section 6409(a).

Article IV. Process

18.67.310 Timing of review.

18.67.320 Peer review.

18.67.330 Decision.

18.67.340 Denial without prejudice due to failure to respond to notice(s) of incompleteness.

18.67.350 Nonconforming facilities.

18.67.360 Revocation.

18.67.370 Appeal.

Article I. Purpose and Definitions

18.67.010 Purpose.

The purpose of this chapter is to establish a comprehensive set of zoning requirements for antennas and wireless telecommunications facilities. These regulations are intended to provide for the managed development of antennas and wireless telecommunications facilities in a manner that recognizes and enhances the community benefits of wireless telecommunications technology and reasonably accommodates the needs of citizens and wireless telecommunications service providers in accordance with federal and state rules and regulations. At the same time, these regulations are intended to protect neighbors from potential adverse impacts of such facilities, including but not limited to noise, traffic, aesthetic and other impacts over which the city has purview, and to preserve the visual character of the established community through appropriate design, siting, screening, maintenance, and location standards. (Ord. 966 § 3, 2023; Ord. 910 § 5, 2017)

18.67.020 Definitions.

In this chapter, the following definitions apply:

Antenna, amateur radio means a ground, building, or tower-mounted antenna, or similar antenna structure, operated by a federally licensed amateur radio operator as part of the Amateur Radio Service, and as designated by the Federal Communications Commission (FCC).

Antenna has the meaning set forth in PHMC § 18.140.010.

Base station has the same meaning as provided in 47 C.F.R. § 1.6100(b)(1), as may be amended, which defines that term as follows:

A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless telecommunications between user equipment and a communications network. The term does not encompass a tower as defined in 47 C.F.R. § 1.6100(b) or any equipment associated with a tower.

1. The term includes, but is not limited to, equipment associated with wireless telecommunications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

2. The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks).

3. The term includes any structure other than a tower that, at the time the relevant application is filed with the state or local government under this section, supports or houses equipment described in subsections 1 and 2 of this definition that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

4. The term does not include any structure that, at the time the relevant application is filed with the state or local government under this section, does not support or house equipment described in subsections 1 and 2 of this definition.

Collocation has the same meaning as defined by the FCC in 47 C.F.R. § 1.6002(g), as may be amended, which defines that term as: (1) mounting or installing an antenna facility on a preexisting structure; and/or (2) modifying a structure for the purpose of mounting or installing an antenna facility on that structure. Notwithstanding the foregoing, for Section 6409(a) modifications only, “collocation” has the same meaning as provided in 47 C.F.R. § 1.6100(b)(2), as may be amended, which defines that term as “[t]he 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.”

Distributed antenna system or DAS means a network of one or more antennas and related fiber optic nodes typically mounted to or located at streetlight poles, utility poles, sporting venues, arenas, multifamily housing or convention centers which provide access and signal transfer for personal wireless service providers. A distributed antenna system also includes the equipment location, sometimes called a “hub” or “hotel” where the DAS network is interconnected with one or more wireless service provider’s facilities to provide the signal transfer services.

Eligible support structure has the same meaning as provided in 47 C.F.R. § 1.6100(b)(4), as may be amended, which defines that term as “[a]ny tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with the state or local government under this section.”

Enclosure building, shed, or shelter means a building, shed, fence, or other enclosure used to house ground-mounted equipment or ground-mounted equipment cabinets associated with a wireless telecommunications facility.

Equipment cabinet means a cabinet used to house equipment associated with a wireless telecommunications facility.

Existing has the same meaning as provided in 47 C.F.R. § 1.6100(b)(5), as may be amended, which provides that “[a] constructed tower or base station is existing for purposes of [the FCC’s Section 6409(a) regulations] if it has been reviewed and approved under the applicable zoning or siting process, or under another 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.”

Federal Communications Commission (“FCC”) is an independent United States government agency responsible for the regulation of interstate and international communications by radio, television, wire, satellite, and cable.

Height of a wireless telecommunications facility means the vertical distance measured from the natural undisturbed ground surface below the center of the base of said facility to the top of the facility itself or, if higher, to the tip of the highest antenna or appurtenance attached thereto. In the case of building-mounted facilities the height of the facility includes the height of the portion of the building on which it is mounted. In the case of crank-up or other similar towers whose height can be adjusted, the height of the facility shall be the maximum height to which it is capable of being raised.

Monopole means a single freestanding pole, post, or similar nonlattice structure used to support antennas and equipment associated with a wireless telecommunications facility.

Personal wireless services has the same meaning as provided in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended, which defines the term as “commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services.”

Public property is commonly used as a designation of those things which are considered owned by “the public,” the state or community, and not restricted to dominion of a private person. It may also apply to any property owned by a state, nation, or municipality.

Public right-of-way means and includes all land or interest in land which by deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved for or dedicated to the use of the general public for road or highway purposes.

Public safety facilities means facilities used only for public safety functions and owned or operated by governmental entities such as police, fire and emergency operations.

Radio frequency (“RF”) is a rate of oscillation, which corresponds to the frequency of radio waves, and the alternating currents which carry radio frequency, electromagnetic, or other wireless signals.

Related equipment means all equipment ancillary to the antenna used for transmission and reception of radio frequency, electromagnetic, or other wireless signals. Such equipment may include, but is not limited to, cable, conduit and connectors.

Roof-mounted or building-mounted antenna means an antenna directly attached or affixed to the roof of, on the facade, or elsewhere on a preexisting building, tank or similar structure other than a purpose-built wireless tower.

Section 6409(a) modification has the same meaning as an “eligible facilities request” provided in 47 C.F.R. § 1.6100(b)(3), as may be amended, which defines that term as “[a]ny request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (i) [c]ollocation of new transmission equipment; (ii) [r]emoval of transmission equipment; or (iii) [r]eplacement of transmission equipment.”

Site has the same meaning as provided in 47 C.F.R. § 1.6100(b)(6), as may be amended, which provides that “[f]or towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground. The current boundaries of a site are the boundaries that existed as of the date that the original support structure or a modification to that structure was last reviewed and approved by a state or local government, if the approval of the modification occurred prior to the Spectrum Act or otherwise outside of the section 6409(a) process.”

Small wireless facility has the same meaning as provided in 47 C.F.R. § 1.6002(l), as may be amended, which defines that term as facilities that meet each of the following conditions:

1. The facilities:

a. Are mounted on structures 50 feet or less in height including their antennas as defined in 47 C.F.R. § 1.1320(d); or

b. Are mounted on structures no more than 10% taller than other adjacent structures; or

c. Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10%, whichever is greater;

2. Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in 47 C.F.R. § 1.1320(d)), is no more than three cubic feet in volume;

3. All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than 28 cubic feet in volume;

4. The facilities do not require antenna structure registration under part 17 of this chapter;

5. The facilities are not located on tribal lands, as defined under 36 C.F.R. § 800.16(x); and

6. The facilities do not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified in § 1.1307(b).

Stealth facility means any wireless telecommunications facility which is designed to blend into the surrounding environment by means of screening, concealment, or camouflage intended to make the facility look like something other than a wireless tower or base station. The antenna and related equipment are either not readily visible beyond the property on which they are located, or, if visible, appear to be part of the existing natural or built environment rather than as a wireless telecommunications facility.

Substantial change has the same meaning as provided in 47 C.F.R. § 1.46100(b)(7), as may be amended, which defines that term as a substantial modification changing the physical dimensions of an eligible support structure that meets any of the following criteria:

(i) For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than ten feet, whichever is greater;

(A) Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings’ rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act.

(ii) For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;

(iii) For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure;

(iv) It entails any excavation or deployment outside of the current site, except that, for towers other than towers in the public rights-of-way, it entails any excavation or deployment of transmission equipment outside of the current site by more than 30 feet in any direction. The site boundary from which the 30 feet is measured excludes any access or utility easements currently related to the site;

(v) It would defeat the concealment elements of the eligible support structure; or

(vi) It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in § 1.6100(b)(7)(i) through (iv).

Tower has the same meaning as provided in 47 C.F.R. § 1.6100(b)(9), as may be amended, which defines that term as “[a]ny structure built for the sole or primary purpose of supporting any [FCC]-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless telecommunications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.” Examples include, but are not limited to, monopoles, mono-trees and lattice towers. This definition does not include utility poles.

Transmission equipment has the same meaning as provided in 47 C.F.R. § 1.6100(b)(8), as may be amended, which defines that term as “[e]quipment that facilitates transmission for any [FCC]-licensed or authorized wireless telecommunications service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless telecommunications services including, but not limited to, private, broadcast, public safety services, as well as fixed wireless services, such as microwave backhaul.”

Utility pole means any structure designed to support electric, telephone, and similar utility lines. A tower is not a utility pole.

Wireless telecommunications facility or facility means an unstaffed facility at a fixed location, generally consisting of antennas, an equipment cabinet or enclosure building, shed, or shelter, and related equipment, which receives and/or transmits radio frequency, electromagnetic, or other wireless signals for the purpose of transmitting voice or data. (Ord. 966 § 3, 2023; Ord. 928 § 10, 2019; Ord. 910 § 5, 2017)

Article II. General Regulations

18.67.110 Exemptions.

The requirements of this chapter do not apply to antennas or antenna structures set forth in this section, unless noted otherwise below. Each exempt facility shall fully comply with other applicable requirements of the Pleasant Hill Municipal Code to the extent not specially exempted in this section, including but not limited to the adopted uniform codes, including: Building Code, Electrical Code, Plumbing Code, Mechanical Code, and Fire Code.

A. Over-the-air-reception-devices (OTARD) antennas.

1. Satellite dishes 39.37 inches (one meter) or less. Direct broadcast satellite (DBS) antennas and multipoint distribution services (MDS) antennas measuring one meter or less in diameter (or diagonal measurement) and either: (a) intended for the sole use of a person occupying the same parcel to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite or (b) a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services; and

2. Non-satellite dishes 39.37 inches (one meter) or less. A dish antenna 39.37 inches or less in diameter or diagonal measurement and (a) intended for the sole use of a person occupying the same parcel to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or to receive or transmit fixed wireless signals other than via satellite or (b) a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services.

3. Television broadcast system (TVBS) antennas, provided: (a) the antenna is located entirely on and/or above the subject property, and (b) no portion of any ground-mounted antenna is within a required front yard setback for the main building, in front of the main building, within a required side yard setback of a corner lot or adjacent to a street.

B. Satellite earth station (SES) antennas. Satellite earth station (SES) antennas measuring two meters or less in diameter (or diagonal measurement) located on a property within any commercial or industrial zoning district, provided: (1) the antenna is located entirely on and/or above the subject property; and (2) no portion of any ground-mounted antenna is within a required front yard setback for the main building, in front of the main building, within a required side yard setback of a corner lot or adjacent to a street. All SES antennas require a building permit and zoning permit for review of placement to ensure that maximum safety is maintained.

C. Amateur radio antennas. Antennas and antenna structures constructed by or for FCC-licensed amateur radio operators that comply with the following provisions. Such an antenna or antenna structure requires a building permit and zoning permit for review of placement to ensure that maximum safety is maintained:

1. The antenna structure, when fully extended, measures 35 feet or less in height, and measures 24 inches or less in diameter or width;

2. The antenna boom measures 20 feet or less in length and is three inches or less in diameter;

3. No antenna element exceeds 32 feet in length or two inches in diameter or width, with the exception of mid-element tuning devices which shall not exceed six inches in diameter or width;

4. The turning radius of any antenna does not exceed 26 feet; and

5. All antennas and antenna structures shall comply with PHMC § 18.67.150, and other applicable provisions of the municipal code.

D. Public safety facilities. Telecommunications facilities used only for public safety or other noncommercial governmental functions, including personal wireless services, used and maintained by the city, or any fire district, school district, hospital, ambulance service, governmental agency, or similar public or semipublic use.

E. Temporary mobile facilities. Mobile facilities placed on a site for less than seven consecutive days, provided any other necessary permits are obtained.

F. Collocation facilities. A proposed collocation facility that meets all of the requirements of California Government Code section 65850.6.

G. Emergency facilities. Wireless telecommunications facilities erected and operated for emergency situations, as designated by the police chief or city manager, so long as the facility is removed at the conclusion of the emergency. (Ord. 966 § 3, 2023; Ord. 910 § 5, 2017)

18.67.120 Permits required.

A person who proposes to install or operate a wireless telecommunications facility shall first obtain approval, as set forth in subsection A of this section (if the facility would be located in public right-of-way) or as set forth in subsection B of this section (if the facility would be located on private or public property), unless the facility is exempt under PHMC § 18.67.110 (Exemptions).

A. Public right-of-way.

1. Encroachment permit. An encroachment permit shall be required for any facility located within the public right-of-way other than a Section 6409(a) modification. Applications for facilities within the public right-of-way are subject to review and approval by the city engineer. Approval of an encroachment permit for a facility shall only be granted by the city engineer if the facility is in substantial conformance with the applicable general development standards in PHMC § 18.67.150 and the “Guidelines for Wireless Communications Facilities” within the public right-of-way. Exceptions or deviations from the guidelines may be granted at the discretion of the city engineer if the applicant demonstrates that the findings for approval of an exception/deviation (PHMC § 18.67.160) have been satisfied.

2. Zoning permit. A zoning permit shall be required for any Section 6409(a) modification. Applications for zoning permits for a Section 6409(a) modification within the public right-of-way are subject to review and approval by the city engineer.

3. License. A license entered into with the city shall be required for use of any city-owned property within the public right-of-way.

4. Cost recovery. The processing of an encroachment permit for purposes of a wireless telecommunications facility shall be subject to full cost recovery for city staff time processing the permit.

5. Building permit. A building permit shall be required for any wireless telecommunications facility or modification thereof, unless it is specifically exempted.

6. Encroachment permit for construction. An encroachment permit shall be required for accessing, working, or staging within the public right-of-way or on city-owned public property.

B. Private property and public property (excluding public right-of-way).

1. Architectural review permit. An architectural review permit under PHMC Chapter 18.115 is required for the following facilities:

a. A monopole or any other antenna structure constructed by or for an FCC-licensed amateur radio operator which, when fully extended, is between 35 and 60 feet in height, and/or has a turning radius exceeding 26 feet (when the antennas are rotated).

b. A wireless telecommunications facility other than a Section 6409(a) modification, or an application for a small wireless facility collocation.

2. Minor use permit. A minor use permit shall be required for any wireless telecommunications facility that is a small wireless facility involving a new or replacement structure or that involves the collocation of a personal wireless services facility that is not a Section 6409(a) modification. The zoning administrator or designee shall administratively review, process, conditionally approve or deny an application for a minor use permit in accordance with the procedures set forth in PHMC Chapter 18.95. No public hearing shall be required for a minor use permit required by this chapter.

3. Zoning permit. A zoning permit shall be required for any Section 6409(a) modification. No architectural review permit shall be required for a Section 6409(a) modification.

4. Use permit. A use permit issued in accordance with the procedures set forth in PHMC Chapter 18.95 is required for the installation of:

a. An amateur radio antenna that does not meet the standards of PHMC § 18.67.110.C or which, when fully extended, exceeds 60 feet in height.

b. Any wireless telecommunications facility, monopole or any other antenna structure constructed by or for a personal wireless services provider, not covered by subsection A or B.2 or B.3 of this section.

5. Building permit. A building permit shall be required for any wireless telecommunications facility or modification thereof, unless it is specifically exempted.

6. Encroachment permit. An encroachment permit shall be required for accessing, working, or staging within the public right-of-way or on city-owned public property.

7. License/lease. A lease or license entered into with the city shall be required for any facility located within or upon city-owned public property.

C. Temporary use permit. A temporary use permit issued in accordance with the procedures set forth in PHMC Chapter 18.100 is required for the installation of any wireless telecommunications facility intended or used to provide personal wireless services on a temporary or emergency basis, such as a large-scale special event in which more users than usual gather in a single location or following a duly proclaimed local or state emergency as defined in Government Code section 8558 requiring additional service capabilities for a period not to exceed 90 consecutive days. (Ord. 966 § 3, 2023; Ord. 928 § 11, 2019; Ord. 910 § 5, 2017)

18.67.130 Application submittal requirements.

An applicant seeking approval for a wireless telecommunications facility or a modification to a preexisting wireless telecommunications facility pursuant to this chapter shall complete and submit an application to the planning division for review and processing, upon the form published by the city planner, which may be updated from time to time. (Ord. 966 § 3, 2023; Ord. 934 § 9, 2019; Ord. 910 § 5, 2017)

18.67.140 Findings.

The hearing body or individual considering a zoning permit, an architectural review permit, a use permit, or a minor use permit may approve the permit only upon making the finding, in addition to the findings which may be otherwise required for the particular permit, that each applicable requirement in this chapter has been satisfied, or to the extent the proposed wireless telecommunications facility does not comply with all applicable requirements, the applicant has requested an exception pursuant to PHMC § 18.67.160 and the findings for granting an exception can be made. (Ord. 966 § 3, 2023; Ord. 910 § 5, 2017)

18.67.150 General development standards.

A. General development standards. Each wireless telecommunications facility located on private property shall be designed, installed and operated in compliance with these development standards, unless specifically stated otherwise in this section. Wireless telecommunication facilities approved under a zoning permit for a Section 6409(a) modification shall only be required to comply with the development standards in subsections A.1.b, 2.h, 3, 6, 9, and 10 of this section. Wireless telecommunication facilities located in the public right-of-way and approved under an encroachment permit by the city engineer shall only be required to comply with the development standards in subsections A.1.b, 2.h, 3, 6, 9, and 10 of this section in addition to the requirements of PHMC § 18.67.120.A.

1. Location requirements.

a. Zoning districts. See Schedules 18.20.020 and 18.25.020. Not more than one monopole or any other antenna structure is permitted on any parcel in a residential zoning district. A wireless telecommunications facility may also be located in the Downtown Specific Plan area and the Contra Costa Center Specific Plan area and other future specific plan areas if listed as an allowed use within the specific plan.

b. Airport safety zones. A wireless telecommunications facility shall not be installed within safety zones 2, 3, or 4 for Buchanan Field or for any other airport or heliport, unless the airport operator and the Airport Land Use Commission indicate in writing that the facility would not adversely impact airport operations (the safety zones for Buchanan Field are identified in the Pleasant Hill general plan).

c. Collocation. Facilities owned by multiple wireless telecommunications providers shall be collocated on a single tower, monopole or building to the extent technically feasible and aesthetically desirable to minimize proliferation and visual impacts of new facilities.

d. Visibility from public places. A wireless telecommunications facility installed in a location readily visible from a public trail, public park, or other publicly owned outdoor recreation area shall be sited and designed to blend in with the existing natural and/or manmade environment in such a manner as to be effectively unnoticeable.

The smallest and least visible antennas as possible should be installed which will reasonably accommodate the operator’s communication needs.

The city shall retain the authority to limit the number of antennas and related equipment at any site in order to minimize potential visual impacts.

e. Setbacks. A wireless telecommunications facility and any related ground-mounted equipment shall not be located in the front or street side yard of any parcel, or within 200 feet of a parcel having a residential use. The 200-foot linear measurement shall be taken from the base of any antenna structure, any structure that is supporting antennas, and/or any ground-mounted support equipment to the nearest property line of the residential use.

2. Screening and design requirements.

a. Antennas. Antennas, antenna structures and related equipment shall incorporate architectural, landscape, color and/or other treatments to minimize potential visual impacts.

b. Natural appearance. Ground-mounted facilities shall be screened with natural vegetation or designed as a stealth facility. Examples include a water tank, artificial tree, and rocks. Existing and new landscaping materials, especially trees, shall be used where possible to screen antenna and antenna towers from off-site views.

c. Glare. All exterior surfaces of the facility shall be constructed or treated with nonglare and nonreflective material.

d. Blending with architecture. Building-mounted antennas shall be in scale and architecturally integrated with the building design in such a manner as to be visually unobtrusive. This shall include use of complementary materials and complementary colored paint. Screening may include locating the facility within attics, steeples, cupolas, and towers or within a new architectural addition to a building or structure which is architecturally compatible with the building. Applicants are also encouraged to design wireless telecommunications facilities to serve as public art, particularly those in commercial, office or retail zoning districts.

e. Specific plan areas. Within any specific plan area, all wireless telecommunications facilities shall be completely screened from the view of surrounding properties. Appropriate locations may include inside of attic spaces, steeples, cupolas, towers, below parapets or concealed in architectural features.

f. Exterior lighting. Exterior lighting is limited to:

i. One exterior light with a maximum wattage of 100 watts over a door to equipment sheds. Light fixtures shall be equipped with cutoff lenses to minimize spill-over of light to adjacent properties; and

ii. Other lights required by the FAA for communications facilities within Airport Safety Zones 2, 3 and 4.

g. Standards for wall- and building-mounted facilities.

i. Roof-mounted antennas. Roof-mounted antennas shall be set back from the edge of the roof a distance at least as great as the height of the antenna.

ii. Wall-mounted antennas. Wall-mounted antennas shall be architecturally integrated into the building design. Wall-mounted antennas shall not exceed a total of 50 square feet per building face.

h. Unauthorized access. All facilities shall be designed so as to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions which would result in hazardous conditions, visual blight, or attractive nuisances.

3. Noise standards. Each facility shall be operated in such a manner so as to minimize any noise impacts. The maximum noise generation limit for communications facilities and transmission equipment is 50 decibels (measured on the CNEL scale) measured 10 feet from any noise-generating use on the site. Final building plans for new and remodeled facilities shall include a letter from a qualified acoustical engineer certifying that building plans comply with this standard.

4. Height. A wireless telecommunications facility, whether building- or ground-mounted, shall be no taller than 12 feet above the maximum allowed height limit of the main building in the zoning district in which the facility is located.

5. Undergrounding. Extensions of electrical and telecommunications land lines to serve wireless telecommunications facilities shall be undergrounded.

6. Signs. Wireless telecommunications facilities shall include the installation of all-weather emergency information signs on site in a reasonably visible location. Each sign shall indicate, at minimum, the site address and a 24-hour emergency contact phone number.

7. Service roads. Existing roads and easements shall be used to the extent feasible. New service roads shall be limited to a width of 10 feet, unless a wider road is deemed necessary by the city or the Contra Costa Fire Protection District.

8. Landscaping and tree preservation.

a. Landscape plan. Any existing trees or significant vegetation shall be retained as part of an approved landscape plan for the project.

b. Protection. Prior to commencement of work, existing trees in the vicinity of the facility and along any access roads and trenching areas shall be protected from damage with temporary construction fencing or other methods approved by the zoning administrator. Grading, cutting or filling is prohibited in the dripline of any tree required to be preserved. Underground lines shall be located so as to minimize damage to tree roots.

c. Restoration. All areas disturbed during project construction shall be revegetated with similar plant material before issuance of a certificate of occupancy.

9. Compliance with laws. All wireless telecommunications facilities shall comply with the applicable provisions of this section and this chapter as well as the Building Code, Electrical Code, Plumbing Code, Mechanical Code, Fire Code and rules and regulations imposed by state and federal agencies. All wireless telecommunications facilities shall meet current standards and regulations of the Federal Communications Commission, California Public Utilities Commission, and any other agencies with authority to regulate wireless telecommunications service providers. If existing standards or regulations are changed, the applicant shall bring its facility into compliance with the new standards within 90 days of the effective date of such standards, unless the federal or state agency mandates a different compliance schedule. Changes to approved projects are subject to review and approval by the zoning administrator or other applicable city decision-making body. Failure to comply with adopted new state or federal requirements shall be grounds for permit revocation.

10. Public health. No wireless telecommunications facility shall be sited or operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to the public health. To that end, no facility or combination of facilities shall produce at any time power densities in any inhabited area that exceed the FCC’s maximum permissible exposure (MPE) limits for electric and magnetic field strength and power density for transmitters or any more restrictive standard subsequently adopted or promulgated by the city, county, state or federal government. Absolute compliance with FCC Office of Engineering Technology (OET) Bulletin 65, as amended, is mandatory, and any violation of this section shall be grounds for the city to immediately terminate any permit granted hereunder, or to order the immediate service termination of any nonpermitted, noncomplying facility constructed within the city.

11. Performance bond. Prior to issuance of a building or electrical permit, the permittee shall file with the city, and shall maintain in good standing throughout the term of the approval, a performance bond or other surety or another form of security approved in advance by the city for the removal of the facility in the event that the use is abandoned or the permit expires, or is revoked, or is otherwise terminated. The security shall be in the amount equal to 100% of the cost of physically removing the wireless telecommunications facility and restoring the site to the condition as it existed prior to the original deployment of the facility and all related facilities and equipment on the site, based on the higher of two contractors’ quotes for removal that are provided by the permittee. The permittee shall reimburse the city for staff time associated with the processing and tracking of the bond, based on the hourly rate adopted by the city council. Reimbursement shall be paid when the security is posted and during each administrative review.

B. Special provisions for amateur radio antennas and antenna structures. In addition to the general development standards in this section, amateur radio antennas and antenna structures shall be the minimum height and size necessary to reasonably accommodate the operator’s communication needs, in accordance with FCC regulations as set forth in FCC Order “PRB-1.” Retractable monopoles may be required for antenna structures over 35 feet in height which are in or within 200 feet of a parcel having a residential use. The city may require that, at times when not in operation, the monopole be retracted to the lowest elevation possible in order to maintain a safe clearance above any nearby building, accessory structure, overhead utility, landscaping and/or any other site improvements. (Ord. 966 § 3, 2023; Ord. 928 § 12, 2019; Ord. 910 § 5, 2017)

18.67.160 Exceptions.

A. The city engineer, zoning administrator and/or the hearing body considering the application may grant exceptions to the design and location standards for wireless communications facilities subject to this chapter, if it is determined that the applicant has established that denial of an application or strict adherence to the location and design standards would:

1. Prohibit or effectively prohibit the provision of personal wireless services, within the meaning of federal law; or

2. Otherwise violate applicable laws or regulations; or

3. Require a technically infeasible location, design or installation of a wireless facility;

4. Involve only minor noncompliance with a requirement, provided such noncompliance either results in no increase in visual harms to the community or provides other benefits.

B. If the applicant requests an exception and the city engineer, zoning administrator and/or the hearing body considering the application finds that an exception is warranted, said requirements may be waived, but only to the minimum extent required to avoid the prohibition, violation, or technically infeasible location, design or installation or minor noncompliance. (Ord. 966 § 3, 2023; Ord. 928 § 13, 2019; Ord. 910 § 5, 2017)

18.67.170 Standard conditions of approval.

All permits issued in accordance with this chapter, whether approved by the city engineer, zoning administrator and/or the hearing body considering the application or deemed approved by the operation of law, shall be automatically subject to the conditions in this section. The city engineer, zoning administrator and/or the hearing body considering the application shall have discretion to modify, supplement, waive or amend these conditions on a case-by-case basis as may be necessary or appropriate under the circumstances to protect public health and safety or allow for the proper operation of the approved facility consistent with the goals of this chapter.

A. Permit term. Any permit for a wireless facility issued in accordance with this chapter will automatically expire at 12:01 a.m. local time exactly 10 years and one day from the issuance date, except when California Government Code section 65964(b), as may be amended, authorizes the city to issue a permit with a shorter term.

B. Code compliance. The permittee shall at all times maintain compliance with all applicable federal, state and local laws, regulations and other rules.

C. Inspections – Emergencies. The city or its designee may enter onto the facility area to inspect the facility upon reasonable notice to the permittee. The permittee shall cooperate with all inspections. The city reserves the right to enter or direct its designee to enter the facility and support, repair, disable or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property.

D. Contact information for responsible parties. The permittee shall at all times maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address and email address for at least one natural person. All such contact information for responsible parties shall be provided to the zoning administrator upon permittee’s receipt of the zoning administrator’s written request, except in an emergency determined by the city when all such contact information for responsible parties shall be immediately provided to the zoning administrator upon that person’s verbal request.

E. Indemnities. The permittee and, if applicable, the owner of the private property upon which the tower and/or base station is installed shall defend, indemnify and hold harmless the city of Pleasant Hill, its agents, officers, officials and employees (1) from any and all damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, law suits, writs of mandamus and other actions or proceedings brought against the city or its agents, officers, officials or employees to challenge, attack, seek to modify, set aside, void or annul the city’s approval of the permit, and (2) from any and all damages, liabilities, injuries, losses, costs and expenses and any and all claims, demands, law suits or causes of action and other actions or proceedings of any kind or form, whether for personal injury, death or property damage, arising out of or in connection with the activities or performance of the permittee or, if applicable, the private property owner or any of each one’s agents, employees, licensees, contractors, subcontractors or independent contractors. Further, permittees shall be strictly liable for interference caused by their facilities with the city’s communications systems. The permittee shall be responsible for costs of determining the source of the interference, all costs associated with eliminating the interference, and all costs arising from third party claims against the city attributable to the interference. In the event the city becomes aware of any such actions or claims the city shall promptly notify the permittee and the private property owner, if applicable, and shall reasonably cooperate in the defense. It is expressly agreed that the city shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the city’s defense, and the property owner and/or permittee (as applicable) shall reimburse city for any costs and expenses directly and necessarily incurred by the city in the course of the defense.

F. Adverse impacts on adjacent properties. Permittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification and removal of the facility. Any natural screening afforded by site conditions, including, but not limited to, the presence of trees, landscaping, topographical features, or structures on the site that shield the facility from view, shall be considered stealthing elements.

G. General maintenance. The site and the facility, including but not limited to all landscaping, fencing and related transmission equipment, must be maintained in a neat and clean manner and in accordance with all approved plans and conditions of approval.

H. Graffiti removal. All graffiti on facilities must be removed at the sole expense of the permittee within 48 hours after notification from the city.

I. RF exposure compliance. All facilities must comply with all standards and regulations of the FCC and any other state or federal government agency with the authority to regulate RF exposure standards. After transmitter and antenna system optimization, but prior to unattended operations of the wireless telecommunications facility, permittee or its representative must provide the city documentation demonstrating compliance with all applicable RF emissions standards as certified by a licensed engineer.

J. Build-out period. This permit shall lapse one year after its date of approval unless one of the following has occurred:

1. A building permit has been issued, substantial money has been expended, and construction diligently pursued; or

2. A certificate of occupancy has been issued; or

3. The facility is constructed or modified as approved and in operation; or

4. The build-out period is extended by the city authority which originally approved the permit.

K. Lapse. The permit shall automatically lapse if there is a discontinuance of the exercise of the entitlement granted by the permit for six consecutive months or more.

L. Testing. Testing of back-up generators and other noise producing equipment shall take place on weekdays only, and only between the hours of 8:30 a.m. and 4:30 p.m., except that testing is prohibited on holidays that fall on a weekday. In addition, testing is prohibited on weekend days.

M. Utilities undergrounded. Extensions of electrical and telecommunications land lines to serve the wireless telecommunications facility shall be underground.

N. Encroachment. Permittee must obtain an encroachment permit for any work, staging, operations, or construction access in the public right-of-way or on city-owned public property. The permit shall require the applicant to comply with, but not be limited to, the following requirements:

1. Hours of work within the public right-of-way or easement shall be restricted to between 8:30 a.m. to 4:30 p.m. weekdays.

2. The contractor shall be responsible for keeping mud and other debris off the public right-of-way within and adjacent to the project.

3. The public right-of-way shall not be used to store materials or to park construction equipment, trailers or other such vehicles.

4. The contractor shall submit a traffic control plan for any lane closures or operations within the public right-of-way.

5. The contractor shall comply with the requirements of the National Pollutant Discharge Elimination System (NPDES), including, but not limited to, best management practices (BMPs) as described in the Contra Costa Clean Water Program Pollution Prevention Plan.

6. Deliveries to staging areas and the construction site shall be restricted to between 8:30 a.m. and 4:30 p.m. weekdays.

7. The contractor shall obtain approval in writing from the city engineer prior to commencing work in the public right-of-way on weekends or holidays.

8. The contractor shall be responsible for repairing any damage to city property and to restore city property to city standards.

9. The contractor shall be responsible for paying any permit and/or inspection fees, as applicable.

O. Other approvals. The permittee shall obtain all other applicable permits, approvals, and agreements necessary to install and operate the facility in conformance with federal, state, and local laws, rules, and regulations.

P. Modifications. No changes shall be made to the approved plans without review and approval in accordance with this chapter.

Q. Performance and maintenance. All wireless telecommunications facilities and related equipment, including but not limited to fences, cabinets, poles and landscaping, shall be maintained in good working condition over the life of the permit. This shall include keeping the structures maintained to the visual standards established at the time of approval. The facility shall remain free from trash, debris, litter, graffiti and other forms of vandalism. Any damage shall be repaired as soon as practicable, and in no instance more than 10 calendar days from the time of notification by the city or after discovery by the permittee.

R. Performance bond. Prior to issuance of a building or electrical permit, the permittee shall file with the city, and shall maintain in good standing throughout the term of the approval, a performance bond or other surety or another form of security for the removal of the facility in the event that the use is abandoned or the permit expires, or is revoked, or is otherwise terminated. The security shall be in the amount equal to 100% of the cost of physically removing the wireless telecommunications facility and all related facilities and equipment on the site, based on the higher of two contractors’ quotes for removal that are provided by the permittee. The permittee shall reimburse the city for staff time associated with the processing and tracking of the bond, based on the hourly rate adopted by the city council. Reimbursement shall be paid when the security is posted and during each administrative review.

S. Conflicts with improvements. For all wireless telecommunications facilities located within the public right-of-way, the permittee shall remove or relocate, at its expense and without expense to the city, any or all of its wireless telecommunications facilities when such removal or relocation is deemed necessary by the city by reason of any change of grade, alignment or width of any public right-of-way, for installation of services, water pipes, drains, storm drains, power or signal lines, traffic control devices, public right-of-way improvements, or for any other construction, repair or improvement to the public right-of-way.

T. City access. The city reserves the right of its employee, agents, and designated representatives to inspect permitted facilities and property upon reasonable notice to the permittee. In case of an emergency or risk of imminent harm to persons or property within the vicinity of permitted facilities, the city reserves the right to enter upon the site of such facilities and to support, disable, or remove those elements of the facilities posing an immediate threat to public health and safety. The city shall make an effort to contact the permittee, prior to disabling or removing wireless telecommunications facility elements.

U. Encourage collocation. Where the wireless telecommunications facility site is capable of accommodating a collocation upon the same site, the owner and operator of the facility shall allow another carrier to collocate its facilities and equipment thereon, provided the parties can mutually agree upon reasonable terms and conditions.

V. Interference. To the extent allowed under applicable federal rules and regulations, the operator of a wireless telecommunications facility shall correct interference problems experienced by any person or entity with respect to equipment such as television, radio, computer, and telephone reception or transmission that are caused by the facility. If a federal agency with jurisdiction over such matters finds that a facility is operating in violation of federal standards, the permittee shall promptly provide the zoning administrator or city engineer as applicable with a copy of any notice of such violation issued by any federal agency and shall notify the zoning administrator or city engineer as applicable once the facility comes back into compliance with applicable standards.

W. Discontinuance of use. Antennas, support structures and related equipment shall be removed within 90 calendar days of the discontinuation of the use of a wireless telecommunications facility operating under a use permit that has expired and the site shall be restored to its previous condition. The service provider shall provide the public works and planning development department with a notice of intent to vacate the site a minimum of 30 calendar days before vacation. For facilities located on city property, this requirement shall be included in the terms of the lease. For facilities located on other sites, the property owner is responsible for removal of all antennas, structures and related equipment within 90 calendar days of the discontinuation of the use.

X. Compliance verification. No later than one year after commencing operation of the facility or issuance of a certificate of occupancy, whichever occurs first, and annually thereafter, the applicant, wireless carrier, or property owner, shall have an appropriately licensed professional conduct a noise study of facility operations to verify compliance with all applicable local, state and federal regulations. In addition, a report shall also be submitted by an appropriately licensed professional to verify completion of any required site landscaping, equipment enclosures, and confirm that the facility appearance is in compliance with approved plans. These reports shall be submitted and reviewed by the zoning administrator or city engineer as applicable within five days of completion of the reports. Failure to submit such compliance verification, or the submission of materials verifying a lack of compliance, will constitute grounds for the city to initiate a public hearing to consider whether permittee is fully complying with all conditions related to any permit or approval granted under this chapter. (Ord. 966 § 3, 2023; Ord. 910 § 5, 2017)

Article III. 6409(a) Modifications

18.67.210 Required findings.

The zoning administrator for private and public property and the city engineer for facilities in the public right-of-way shall issue a zoning permit for a Section 6409(a) modification only upon finding that the proposed Section 6409(a) modification:

A. Meets each and every one of the applicable criteria for an eligible facilities request stated in 47 C.F.R. §§ 1.6100(b)(3) through (9), or any successor provisions, after application of the definitions in 47 C.F.R. § 1.6100(b). The Director, or their designee, shall make an express finding for each criterion;

B. Complies with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, except to the extent preempted by 47 C.F.R. §§ 1.6100(b)(7)(i) through (iv), or any successor provisions; and

C. Will comply with all generally applicable laws. (Ord. 966 § 3, 2023; Ord. 910 § 5, 2017)

18.67.220 Effect on existing use permit.

Notwithstanding any other requirement of the Pleasant Hill Municipal Code, the zoning administrator for private and public property and the city engineer for facilities in the public right-of-way shall be authorized to issue a zoning permit for a Section 6409(a) modification, even if issuance of such a permit would have the effect of amending an existing use permit. (Ord. 966 § 3, 2023; Ord. 910 § 5, 2017)

18.67.230 Conditions of approval for Section 6409(a) modifications.

Zoning permits for Section 6409(a) modifications are subject to the following conditions, unless modified by the zoning administrator for private and public property and the city engineer for facilities in the public right-of-way:

A. No permit term extension. The city’s grant or grant by operation of law of a zoning permit for a Section 6409(a) modification constitutes a federally mandated modification to the underlying permit or approval for the subject tower or base station. The city’s grant or grant by operation of law of a zoning permit for a Section 6409(a) modification will not extend the permit term for any permit or other underlying regulatory approval and its term shall be coterminous with the underlying permit or other regulatory approval for the subject tower or base station.

B. No waiver of standing. The city’s grant or grant by operation of law of a Section 6409(a) modification does not waive, and shall not be construed to waive, any standing by the city to challenge Section 6409(a), any FCC rules that interpret Section 6409(a) or any Section 6409(a) modification.

C. Permit subject to conditions of underlying permit. Zoning permits for Section 6409(a) modifications shall be subject to the terms and conditions of the underlying permit for the existing tower or base station.

D. Code compliance. The permittee shall at all times maintain compliance with all applicable federal, state and local laws, regulations and other rules.

E. Inspections – emergencies. The city or its designee may enter onto the facility area to inspect the facility upon reasonable notice to the permittee. The permittee shall cooperate with all inspections. The city reserves the right to enter or direct its designee to enter the facility and support, repair, disable or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property.

F. Contact information for responsible parties. The permittee shall at all times maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address and email address for at least one natural person. All such contact information for responsible parties shall be provided to the zoning administrator for private and public property and the city engineer for facilities in the public right-of-way upon permittee’s receipt of the zoning administrator’s or city engineer’s written request, except in an emergency determined by the city when all such contact information for responsible parties shall be immediately provided to the zoning administrator or city engineer, as applicable, upon that person’s verbal request.

G. RF exposure compliance. All facilities must comply with all standards and regulations of the FCC and any other state or federal government agency with the authority to regulate RF exposure standards. After transmitter and antenna system optimization, but prior to unattended operations of the wireless telecommunications facility, permittee or its representative must provide the zoning administrator or city engineer, as applicable, documentation demonstrating compliance with all applicable RF emissions standards as certified by a licensed engineer.

H. Build-out period. This permit shall lapse one year after its date of approval unless one of the following has occurred:

1. A building permit has been issued, substantial money has been expended, and construction diligently pursued; or

2. A certificate of occupancy has been issued; or

3. The facility is constructed or modified as approved and in operation; or

4. The build-out period is extended by the city authority which originally approved the permit.

I. Lapse. The permit shall automatically lapse if there is a discontinuance of the exercise of the entitlement granted by the permit for six consecutive months or more.

J. Testing. Testing of back-up generators and other noise producing equipment shall take place on weekdays only, and only between the hours of 8:30 a.m. and 4:30 p.m., except that testing is prohibited on holidays that fall on a weekday. In addition, testing is prohibited on weekend days.

K. Utilities undergrounded. Extensions of electrical and telecommunications land lines to serve the wireless telecommunications facility shall be undergrounded where existing land lines serving the facility are underground.

L. Encroachment. Permittee must obtain an encroachment permit for any work, staging, operations, or construction access in the public right-of-way or on city-owned public property. The permit shall require the applicant to comply with, but not be limited to, the following requirements: