HomeMy WebLinkAbout4.0_Wireless Service Facilities Code Amendments_PA2021-103CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
March 5, 2026
Agenda Item No. 4
SUBJECT: Wireless Service Facilities Code Amendments (PA2021-103)
▪Zoning Code Amendment
▪Local Coastal Program Amendment
SITE LOCATION: Citywide
APPLICANT: City of Newport Beach
PREPARERS: Benjamin M. Zdeba, AICP, Acting Deputy CDD Director
949-644-3253, bzdeba@newportbeachca.gov
Jose Montoya, Deputy City Attorney
949-644-3133, jmontoya@newportbeachca.gov
PROJECT SUMMARY
Consistent with the City Council’s initiation on May 25, 2021, and the more recent
guidance provided at the City Council Study Session on January 13, 2026, the
proposed amendments to Title 13 (Streets, Sidewalks and Public Property), Title 20
(Planning and Zoning), and Title 21 (Local Coastal Program Implementation Plan) of the
Newport Beach Municipal Code serve to simplify and modernize some of the City of
Newport Beach’s (City) regulations related to the permitting, installation, modification,
operation, and maintenance of wireless service facilities on both private and public
property, including within the public right-of-way. Although Title 13 does not fall within
the purview of the Planning Commission, it is included for reference.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this action is not a project subject to the California Environmental Quality Act
(CEQA) in accordance with Section 20165 of the California Public Resources Code
and Sections 15060(c)(2), 15060(c)(3), and 15378 of the California Code of
Regulations, Title 14, Division 6, Chapter 3 (CEQA Guidelines). Further find this
action is also exempt pursuant to CEQA Guidelines Section 15061(b)(3), the
general rule that CEQA applies only to projects, which have the potential for
causing a significant effect on the environment;
3)Adopt Resolution No. PC2026-006 (Attachment No. PC 1) recommending the City
Council approve the Zoning Code Amendment modifying regulations pertaining to
wireless service facilities on private and public property; and
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4)Adopt Resolution No. PC2026-007 (Attachment No. PC 2) recommending the City
Council authorize staff to submit the Local Coastal Program Amendment to the
California Coastal Commission.
INTRODUCTION
The City’s regulations for wireless telecommunications facilities (i.e., “wireless service
facilities”) were last comprehensively updated in 2014 and are codified in Chapter 20.49
(Wireless Telecommunications Facilities) of the Newport Beach Municipal Code
(NBMC). Chapter 21.49 (Wireless Telecommunications Facilities) was subsequently
incorporated into the NBMC to regulate such facilities in the Coastal Zone upon the
California Coastal Commission’s certification of the City’s Local Coastal Program
Implementation Plan.
On September 26, 2018, the Federal Communications Commission (FCC) issued the
Declaratory Ruling and Third Report (Declaratory Ruling), adopting 47 C.F.R. Sections
1.6001–1.6004 and substantially revising local jurisdictions’ authority to regulate the
deployment of small wireless facilities (i.e., “small cell”). Under the police power of
Article XI, Section 7 of the California Constitution, as confirmed by T-Mobile West LLC
v. City and County of San Francisco (2019), local jurisdictions retain authority to
regulate wireless service facilities in the public right-of-way to the extent such
regulations are not inconsistent with general laws. In light of these federal changes, it
was determined to be in the best interest of the City and the public to evaluate and, if
necessary, update the NBMC to ensure continued consistency with state and federal
law.
Accordingly, on May 25, 2021, the City Council adopted Resolution No. 2021-42
initiating updates to Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program
Implementation Plan) of the NBMC related to wireless service facilities in the public
right-of-way. Upon the City Council’s initiation, staff evaluated the City’s adopted
regulations and monitored ongoing developments in state and federal law, ultimately
determining that the City’s framework was functioning appropriately.
At the same time, the telecommunications and wireless landscape has evolved
significantly since the City’s last comprehensive update in 2014. Demand has shifted
decisively from traditional voice service to data-driven connectivity, with users now
expecting high-bandwidth, seamless, and low-latency performance to support
streaming, remote work, and real-time communication. The widespread decline of
landlines and increased reliance on cellular networks have placed greater pressure on
wireless infrastructure, while the proliferation of tablets, connected vehicles, and other
smart devices has expanded both the number and diversity of devices competing for
network capacity. As technology continues to advance at a rapid pace, these trends
underscore the importance of maintaining regulatory and permitting processes that are
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clear, adaptable, and forward-looking, while preserving the City’s ability to exercise
thoughtful local oversight.
On January 13, 2026, the City Council conducted a study session regarding wireless
facilities. At that meeting, staff presented a three-pronged approach to enhancing
connectivity within the community. At the conclusion of the session, the City Council
expressed support for targeted updates to the NBMC and the Council Policy Manual to
ensure the City’s regulations remain responsive to evolving technology, community
expectations, and legal requirements.
DISCUSSION
Identifying an Approach for the Update
As part of the review of existing code provisions, City staff evaluated several coastal
jurisdictions in Orange County and Los Angeles County while soliciting input from
wireless operators or “carriers” on best practices. In the end, City staff opted to use the
City of Santa Monica’s approach to regulating wireless service facilities in the public
right-of-way. In Santa Monica and common with many other jurisdictions, the Public
Works Department is the primary review and approval authority for wireless service
facilities in the public right-of-way. A key component is the authorization for the Public
Works Director to publish and maintain permit processing guidelines with design
standards and details. City staff believes this is the best approach, as it removes details
from the code that are unnecessary to codify and allows for more agile updates that
may be needed as technology and needs evolve.
Proposed Code Amendments
Chapter 20.49 (Wireless Telecommunications Facilities) of the NBMC is primarily being
updated to remove the process and detailed regulations for Class 3 (Public Right-of-
Way) Installations, as defined by Section 20.49.030(G), moving them to the new
Chapter 13.22 (Personal Wireless Service Facilities in the Public Right-of-Way). This
new chapter is included for reference only in draft form as Attachment No. PC 3.
Chapter 20.49 is also being updated to modernize definitions and certain provisions
consistent with applicable state and federal laws. Additional notable updates to Chapter
20.49 include:
• Clarification that Class 1 (Stealth) Installations, as defined by 20.49.030(G), are
authorized through an administrative clearance and not subject to appeal;
• Clarification that the maximum height for wireless service facilities is the
increased maximum height for flat structures, as identified in Section
20.30.060(C)(2) (Increase in Height Limit – Height Limit Areas) of the NBMC; and
• An allowance for temporary installations that coincide with a construction project
that affects a permanent installation.
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The proposed updates to Chapter 20.49 (Wireless Telecommunications Facilities) of the
NBMC mostly refresh the language for consistency with the revisions to Title 20
(Planning and Zoning). To help with the Planning Commission’s review, Attachment
Nos. PC 4 and PC 5 are redline-strikeout versions of each affected chapter.
Community Correspondence Received
On January 16, 2026, the efforts to revamp the City’s regulations regarding wireless
service facilities were shared in the City Manager’s newsletter From City Hall to You.
Since that publication, City staff has received one piece of correspondence from a
community member supporting the City’s efforts. This has been included for review as
Attachment No. PC 6.
Summary and Alternatives
Staff believes the proposed collective changes to Titles 20 (Planning and Zoning) and
21 (Local Coastal Program Implementation Plan) of the NBMC serve to modernize
aspects of the City’s requirements for the deployment of wireless service facilities in a
manner consistent with general law while especially streamlining such deployments in
the public right-of-way.
Should the Planning Commission identify any deficiencies or areas for improvement, the
Planning Commission may recommend revisions to the draft ordinance.
Environmental Review
This action is not a project subject to the California Environmental Quality Act (CEQA) in
accordance with Section 20165 of the California Public Resources Code and Sections
15060(c)(2), 15060(c)(3), and 15378 of the California Code of Regulations, Title 14,
Division 6, Chapter 3 (CEQA Guidelines). Further find this action is also exempt
pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies
only to projects, which have the potential for causing a significant effect on the
environment.
Public Notice
Pursuant to Section 13515 of the California Code of Regulations, a review draft of the
proposed amendment to Title 21 (Local Coastal Program Implementation Plan) of the
NBMC was made available and a Notice of Availability was distributed on February 26,
2026, to all persons and agencies on the Notice of Availability mailing list.
In addition, notice of this hearing was published in the Daily Pilot in a one-eighth-page
format at least 10 days before the scheduled meeting, consistent with the provisions of
the NBMC. The item also appeared on the agenda for this meeting, which was posted
at City Hall and on the city website.
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Prepared and Submitted by:
ATTACHMENTS
PC 1 Resolution No. PC2026-006
PC 2 Resolution No. PC2026-007
PC 3 Draft NBMC Chapter 13.22
PC 4 Redline-Strikeout Chapter 20.49
PC 5 Redline-Strikeout Chapter 21.49
PC 6 Community Correspondence Received
01/18/23
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Attachment No. PC 1
Resolution No. PC2026-006
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RESOLUTION NO. PC2026-006
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING THE
CITY COUNCIL ADOPT AN AMENDMENT TO TITLE 20
(PLANNING AND ZONING) OF THE NEWPORT BEACH
MUNICIPAL CODE RELATED TO WIRELESS SERVICE
FACILITIES (PA2021-103)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. On September 26, 2018, the Federal Communications Commission (FCC) issued the
Declaratory Ruling and Third Report, adding regulations 47 C.F.R. 1.6001-1.6004,
which adopted new rules substantially revising local jurisdictions’ authority to regulate
the deployment of small wireless facilities (i.e., “small cell”). Under the police power of
Article XI, Section 7 of the California Constitution, as confirmed by T-Mobile West LLC
v. City and County of San Francisco (2019), local jurisdictions retain the full authority to
regulate wireless service facilities in the right-of-way to the extent such regulations are
not inconsistent with general laws. As a result of these FCC changes, it was determined
to be in the best interest of the City of Newport Beach (“City”) and the public to update
the Newport Beach Municipal Code (“NBMC”) in a manner that would make the
regulations of the City consistent with state and federal law.
2. On May 25, 2021, the City Council adopted Resolution No. 2021-42 to initiate updates
to Title 20 (Planning and Zoning) (“Code Amendment”) and Title 21 (Local Coastal
Program Implementation Plan) of the NBMC related to wireless telecommunications
facilities (i.e., “wireless service facilities”) in the public right-of-way.
3. Upon the City Council’s initiation, staff evaluated the City’s regulations and monitored
ongoing developments in state and federal law, ultimately determining that the City’s
framework was functioning appropriately.
4. Since the City’s last comprehensive update in 2014, the telecommunications landscape
has evolved significantly, with demand shifting from traditional voice service to high-
capacity, data-driven connectivity. Increased reliance on cellular networks, the
proliferation of connected devices, and advancements in wireless technology have
intensified the need for reliable infrastructure, underscoring the importance of
maintaining regulatory and permitting processes that are clear, adaptable, and
consistent with the City’s authority to provide thoughtful local oversight.
5. On January 13, 2026, the City Council conducted a study session where City staff
identified a three-pronged approach to revamping the City’s regulations for wireless
service facilities, especially those in the public right-of-way, and at the conclusion, the
City Council unanimously supported several updates to the NBMC.
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6. A public hearing was held on March 5, 2026, in the Council Chambers located at 100 Civic
Center Drive, Newport Beach, California 92660. A notice of time, place and purpose of
the public hearing was given in accordance with the California Government Code
Section 54950 et seq. (“Ralph M. Brown Act”) and Chapter 20.62 (Public Hearings) of
the NBMC. Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this public hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
The Code Amendment is not a project subject to the California Environmental Quality Act
(“CEQA”) in accordance with Section 20165 of the California Public Resources Code and
Sections 15060(c)(2), 15060(c)(3), and 15378 of the California Code of Regulations, Title 14,
Division 6, Chapter 3 (“CEQA Guidelines”). The Code Amendment is also exempt pursuant to
CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects,
which have the potential for causing a significant effect on the environment.
SECTION 3. FINDINGS.
An amendment to Title 20 (Planning and Zoning) of the NBMC is a legislative act. Neither
Chapter 20.66 (Planning and Zoning, Amendments) of Title 20 (Planning and Zoning) of the
NBMC, nor Article 2 (Adoption of Regulations) of Chapter 4 (Zoning Regulations) of Division 1
(Planning and Zoning) of Title 7 (Planning and Land Use) of the California Government Code
set forth any required findings for either approval or denial of such amendments.
Notwithstanding the foregoing, the Code Amendment is consistent with the City Council’s
initiation on May 25, 2021, and subsequent direction on January, 13, 2026, and the following
findings are made:
1. The Code Amendment is consistent with and in furtherance of several General Plan goals
and policies, including LU 2.4 (Economic Development), LU 2.8 (Adequate Infrastructure),
LU 3.2 (Growth and Change), CE 6.1.5 (Autonomous, Connected, and Future Vehicle
Technology), NR 17.1 (Open Space Protection), NR 20.1 (Enhancement of Significant
Resources), and NR 20.3 (Public Views).
2. The Code Amendment will remove Class 3 (Public Right-of-Way) Installations from the
purview of Title 20 (Planning and Zoning), which will be relocated to Title 13 (Streets,
Sidewalks and Public Property). The preferential hierarchy of installation types and review
procedures are not changing. The Code Amendment will continue to provide a balanced
review process consistent with existing procedures provided within Title 20 (Planning and
Zoning) of the NBMC.
3. The Code Amendment does not increase the potential height of wireless service facilities
nor does it allow them in areas where they are currently prohibited.
4. The Code Amendment continues to provide adequate design, development, and screening
standards to ensure that future facilities are visually compatible with the community.
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5. The Code Amendment includes provisions reflective of state and federal law and provides
for the administrative review of minor modifications to, or the collocation of, existing wireless
service facilities.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
6. The Planning Commission of the City of Newport Beach hereby finds the Code Amendment
is not a project subject to the California Environmental Quality Act (“CEQA”) in accordance
with Section 21065 of the California Public Resources Code and Sections 15060(c)(2),
15060(c)(3), and 15378 of the California Code of Regulations Title 14, Division 6, Chapter 3
(“CEQA Guidelines”). The Code Amendment is also exempt pursuant to CEQA Guidelines
Section 15061(b)(3), the general rule that CEQA applies only to projects, which have the
potential for causing a significant effect on the environment.
7. The Planning Commission hereby recommends approval of the Code Amendment, as set
forth in Exhibit “A,” which is attached hereto and incorporated herein by reference.
PASSED, APPROVED, AND ADOPTED THIS 5TH DAY OF MARCH 2026.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY: ____________________________
Tristan Harris, Chair
BY:____________________________
Jonathan Langford, Secretary
Attachment: Exhibit “A” – Draft Title 20 Amendment
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EXHIBIT “A”
TITLE 20 (PLANNING AND ZONING) CODE AMENDMENT
Chapter 20.49 (Wireless Telecommunications Facilities) will be replaced in its entirety with
the following:
CHAPTER 20.49
PERSONAL WIRELESS SERVICE FACILITIES
Sections:
20.49.010. Purpose.
20.49.020. Definitions.
20.49.030. Applicability.
20.49.040. Site Location Preference and Prohibited Locations.
20.49.050. Permits Required.
20.49.060. Permit Applications.
20.49.070 Modification and Collocation of Existing Facilities
20.49.080. Departmental Forms, Rules and Other Regulations.
20.49.090. Design Standards.
20.49.100. Decisions.
20.49.110. Standard Conditions of Approval.
20.49.120. Temporary Personal Wireless Service Facilities.
20.49.130. Compliance Obligations.
20.49.140. Removal and Abandonment of Wireless Facilities.
20.49.010. Purpose.
The purpose of this chapter is to establish reasonable and uniform standards and procedures
for personal wireless service facilities deployment, construction, installation, collocation,
modification, operation, relocation and removal on all property other than the public right-of-
way within the City’s territorial boundaries, consistent with and to the extent permitted under
federal and state law. The standards and procedures contained in this chapter are intended to,
and should be applied to, protect and promote public health, safety and welfare, and balance
the benefits that flow from robust, advanced wireless services with the City’s local values,
which include, without limitation, the aesthetic character of the City, its various neighborhoods
and community.
This chapter is not intended to, nor shall it be interpreted or applied to:
A. Prohibit or effectively prohibit any personal wireless service provider’s ability to provide
personal wireless services;
B. Prohibit or effectively prohibit any personal wireless service provider’s ability to provide
any interstate or intrastate telecommunications service, subject to any competitively neutral
and nondiscriminatory rules or regulations;
C. Unreasonably discriminate among providers of functionally equivalent services;
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D. Deny any request for authorization to place, construct or modify personal wireless
service facilities based on environmental effects of radio frequency emissions to the extent that
such facilities comply with the Federal Communication Commission’s regulations concerning
such emissions;
E. Prohibit any collocation or modification that the City may not deny under federal or state
law; or
F. Otherwise authorize the City to preempt any applicable federal or state law or regulation.
20.49.020. Definitions.
The abbreviations, phrases, terms and words shall have the meanings assigned to them in this
Section 20.49.020 or, as may be appropriate, in Chapter 20.70 (Definitions), as may be
amended, unless context indicates otherwise. Undefined phrases, terms or words in this
section shall have the meanings assigned to them in 47 U.S.C. Section 702, as may be
amended, and, if not defined therein, shall have their ordinary meanings. If any definition
assigned to any phrase, term or word in this section conflicts with any federal or state
mandated definition, the federal or state-mandated definition shall control.
“Approval authority” means the Community Development Director, Zoning Administrator,
Planning Commission, or City Council, depending on the type of facility proposed.
“Accessory equipment” means any equipment serving or being used in conjunction with
antennas that have been established for the purpose of providing personal wireless services
up to the point of connection with a larger fiber optic or power network. This equipment
includes, but is not limited to, utility or transmission equipment, power supplies, generators,
batteries, cables, wires, conduits, equipment buildings, cabinets, storage sheds, shelters,
vaults, or other structures.
“Antenna” means a device used to transmit and/or receive radio or electromagnetic waves for
the provision of personal wireless services. This definition does not apply to broadcast
antennas, antennas designed for amateur radio use, or satellite dishes designed for residential
or household purposes.
“Base station” means the same as defined in 47 CFR Section 1.6100(b)(1), as may be
amended or superseded, which currently defines that term as 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
in 47 C.F.R. 1.6100(b)(9) or any equipment associated with a tower. The term includes, but is
not limited to, 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. 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). 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 47 C.F.R. § 1.6100(b)(1)(i)-(ii) that has
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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. 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 47 C.F.R. § 1.6100(b)(1)(i)-(ii).
“City-owned or City-held trust property” means all real property and improvements owned,
operated or controlled by the City, other than the public right-of-way, within the City’s jurisdiction,
including but not limited to City Hall, police and fire facilities, recreational facilities, parks,
beaches, libraries, monuments, signs, streetlights and traffic control standards.
“Code” means the Newport Beach Municipal Code.
“Collocation” means (a) for the purposes of any eligible facilities request, the same as defined
by 47 CFR Section 1.6100(b)(2), as may be amended, which currently defines the term as 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.
As an illustration and not a limitation, “collocation” as defined herein, effectively means “to add”
and does not necessarily refer to more than one personal wireless service facility installed at
a single site; and (b) for all other purposes, has the same definition as is found in 47 CFR
Section 1.6002(g), as may be amended, which defines the term as (1) mounting or installing
an antenna facility on a pre-existing structure; and/or (2) modifying a structure for the purpose
of mounting or installing an antenna facility on that structure.
“CPCN” means a “Certificate of Public Convenience and Necessity” granted by the CPUC or
its duly appointed successor agency pursuant to California Public Utilities Code Section 1001
et seq., as may be amended.
“CPUC” means the California Public Utilities Commission established in the California
Constitution, Article XII, Section 5, or its duly appointed successor agency or agencies.
“Director” shall mean the Community Development Director and his or her designee.
“Distributed antenna system (DAS)” means a network of one or more antennas and fiber optic
nodes typically mounted to streetlight poles, or utility structures, which provide access and
signal transfer services to one or more third-party wireless service providers. DAS also includes
the equipment location, sometimes called a “hub” or “hotel” where the DAS network is
interconnected with third-party wireless service providers to provide the signal transfer
services.
“Eligible facilities request” means the same as defined in 47 CFR Section 1.6100(b)(3), as may
be amended, which currently defines that term as any 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) collocation of new transmission equipment; (ii) removal of
transmission equipment; or (iii) replacement of transmission equipment.
“Facility Classes” refers to the classes of personal wireless service facilities and the attendant
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support equipment, which are categorized as follows:
1. Class 1 (Stealth/Screened): a facility with antennas mounted on an existing or
proposed nonresidential building or other structure not primarily intended to be an
antenna support structure where antennas and support equipment, including the
base station, are fully screened so that they are not visible to the general public.
2. Class 2 (Visible Antennas): a facility with antennas mounted on an existing
nonresidential building, structure, pole, light standard, utility tower, wireless tower
and/or lattice tower.
3. Class 3 (Public Right-of-Way Installations): a facility with antennas installed on a
structure located in the public right-of-way, as regulated by Chapter 13.22 (Personal
Wireless Service Facilities in the Public Right-of-Way).
4. Class 4 (Freestanding Structure): a facility with antennas mounted on a new
freestanding structure constructed for the sole or primary purpose of supporting the
personal wireless service facility.
5. Class 5 (Temporary): a personal wireless service facility including associated
support equipment that is installed at a site on a temporary basis pursuant to a limited
term permit. A Class 5 installation may also be installed in connection with a special
event upon the approval of a special events permit pursuant to Chapter 11.03 with
or without a limited term permit.
“FAA” means the Federal Aviation Administration or its duly appointed successor agency.
“FCC” means the Federal Communications Commission or its duly appointed successor
agency.
“Feasible” or “feasibly” means capable of being accomplished in a successful manner within a
reasonable period of time, taking into account environmental, physical, legal and technological
factors.
“OTARD” means an over-the-air reception device subject to 47 C.F.R. Section 1.4000 et seq.,
as may be amended, and which currently includes, without limitation, satellite television dishes
not greater than one meter in diameter.
“Permittee” means the owner of a personal wireless service facility that has obtained
permission through issuance of a wireless facility permit or 6409(a) applicant to construct,
install, modify, collocate, relocate, or otherwise deploy personal wireless service facilities in
the public right-of-way. Said owner shall possess the appropriate legal authority to construct,
install, modify, collocate, relocate, or otherwise deploy personal wireless service facilities in
the public right-of-way.
“Personal wireless services” means the same as defined in 47 USC Section 332(c)(7)(C)(i), as
may be amended, which currently defines the term as commercial mobile services, unlicensed
wireless services, and common carrier wireless exchange access services.
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“Personal wireless service facility(ies)” or “facility(ies)” means the same as defined in 47 USC
Section 332(c)(7)(C)(ii), as may be amended, which currently defines the term as facilities that
provide personal wireless services.
“Public right-of-way” means the same as Section 13.20.20 of this Code, which currently defines
the term as the improved or unimproved surface of and the space above and below a City
easement for public utility purposes, or street, or similar public way of any nature, dedicated or
improved for vehicular, bicycle, and/or pedestrian related use now or hereafter held by City,
however acquired.
“RF” means radio frequency or electromagnetic waves between 30 kHz and 300 GHz in the
electromagnetic spectrum range.
“Section 6409(a)” means Section 6409(a) of the Middle Class Tax Relief and Job Creation Act,
Pub. L. No. 112-96, 126 Stat. 156 (Feb. 22, 2012), codified as 47 U.S.C. Section 1455(a), as
may be amended.
“Stealth” or “stealth facility” means a personal wireless service facility in which the antenna,
and the support equipment, are completely hidden from view such as in a monument, cupola,
pole-based structure, or other concealing structure which either mimics, or which also serves
as, a natural or architectural feature. Concealing structures which are obviously not such a
natural or architectural feature to the average reasonable observer do not qualify within this
definition. For example, an artificial tree may not be considered to be a stealth facility.
“Substantially change” or “substantially change the physical dimensions” means the same as
interpreted by applicable courts and in 47 CFR Section 1.6100(b)(7), as amended, which
currently states that a modification that substantially changes the physical dimensions of an
eligible support structure if it 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;
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(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).
“Support equipment” means the physical, electrical and/or electronic equipment included within
a personal wireless service facility used to house, power, and/or contribute to the processing
of signals from or to the facility’s antenna or antennas, including but not limited to a base station,
cabling, air conditioning units, equipment cabinets, pedestals, and electric service meters.
Support equipment does not include DAS, antennas or the building or structure to which the
antennas or other equipment are attached.
“Temporary personal wireless service facilities” means portable wireless communication
facilities 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 confined
location or when a disaster disables permanent personal wireless service facilities. Temporary
personal wireless service facilities include, without limitation, cells-on-wheels (“COWs”), sites-
on-wheels (“SOWs”), cells-on-light-trucks (“COLTs”) or other similarly portable wireless
communication facilities not permanently affixed to the site or land upon which it is located.
“Tower” means the same as defined in 47 CFR Section 1.60001(b)(9), as amended, which
currently defines the term as any structure built for the sole or primary purpose of supporting
any Commission-licensed or authorized antennas and their associated facilities, including
structures that are constructed for wireless communications 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.
“Transmission equipment” means the same as defined in 47 CFR Section 1.6100(b)(8), as
amended, which currently defines the term as equipment that facilitates transmission for any
Commission-licensed or authorized wireless communication 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 communications services including, but
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not limited to, private, broadcast, and public safety services, as well as unlicensed wireless
services and fixed wireless services such as microwave backhaul.
“Unlicensed wireless service” means the same as defined in 47 USC Section 332(c)(7)(C)(iii),
as amended which currently defines the term as the offering of telecommunications services
using duly authorized devices which do not require individual licenses, but does not mean the
provision of direct-to-home satellite services (as defined in section 303(v) of Title 47 of the United
States Code.
“Wireless” means any FCC-licensed or authorized wireless communication service transmitted
over frequencies in the electromagnetic spectrum.
20.49.030. Applicability.
A. Applicable Facilities. This chapter applies to all personal wireless service facilities
within the City and all to applications and requests for approval to construct, install, modify,
collocate, relocate or otherwise deploy personal wireless service facilities in the City,
unless exempted pursuant to subsection (B) of this section.
B. Exempt Facilities. Notwithstanding subsection (A) of this section, the provisions in this
chapter shall not be applicable to the facilities listed in this subsection (B):
1. Facilities installed in the public right-of-way governed by Chapter 13.22 (Personal
Wireless Service Facilities in the Public Right-of-Way), or exempted by 13.22.030(C)
of this Code;
2. Amateur radio facilities;
3. OTARD antennas;
4. Personal wireless service facilities installed completely indoors and not visible to the
public intended to extend signals for personal wireless services in a personal
residence or a business (such as a femtocell or indoor distributed antenna system);
5. Personal wireless service facilities or equipment owned and operated by CPUC-
regulated electric companies for use in connection with electrical power generation,
transmission and distribution facilities subject to CPUC General Order 131-D;
6. Any personal wireless service facilities or associated infrastructure that are
developed, installed, managed, or operated by the City, for the City, or under the
City’s direction, or located on real property owned by the City, held in trust by the
City, or in which the City maintains a legal or equitable interest and installed pursuant
to a lease, license, franchise agreement or other agreement between the City and
any third party (whether public or private); and
7. Any personal wireless service facility to the extent that the City’s exercise of its
authority under this chapter is preempted by, or would otherwise violate, applicable
federal or state law, provided that the Director has determined that the personal
wireless service facility has been designed to minimize the extent of the non-
conformity with the Code.
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The exemption from provisions in this chapter shall not exempt the same facilities from the
provisions and building permit requirements in Title 15 (Buildings and Construction).
C. Requests for Approval Pursuant to Section 6409(a). Any written request to collocate,
replace or remove transmission equipment at an existing tower or base station submitted
under Section 6409(a) shall be processed pursuant to Section 20.49.070.
D. Legal Nonconforming Facility. Any personal wireless service facility that was lawfully
constructed, erected, or approved prior to <DATE OF EFFECTIVENESS>, that is
operating in compliance with all applicable laws, and which facility does not conform to the
requirements of this chapter shall be deemed a legal nonconforming facility. Legal
nonconforming facilities shall comply at all times with the laws, ordinances, regulations,
and any conditions of approval in effect at the time the facility was approved, and any
regulations pertaining to legal, nonconforming uses or structures that may be applicable
pursuant to provisions of this Code or Federal and State laws as they may be amended or
enacted, in the future.
20.49.040. Site Location Preference and Prohibited Locations.
A. Preferred Locations. To limit the adverse visual effects of and proliferation of new or
individual personal wireless service facilities in the City, the following list establishes the order
of preference of facilities, from the most preferred (1) to least preferred (4).
1. Collocation of a new facility at an existing facility.
2. Class 1.
3. Class 2 and Class 3.
4. Class 4.
B. Prohibited Locations. Personal wireless service facilities are prohibited in the following
locations:
1. On properties zoned for single-unit or two-unit residential development including
equivalent designations within a planned community district or specific plan districts
except if located on common area lots developed with community facilities, landscape
lots, or private streets;
2. On properties zoned for multi-unit residential development and mixed-use development
including equivalent planned community district or specific plan districts where the
maximum allowable number of dwelling units is four units; and
3. In the Open Space (OS) Zoning District, unless facilities are collocated on an existing
utility tower within a utility easement area, or collocated on another existing facility.
20.49.050. Permits Required.
A. Permit Required. Unless exempted pursuant to Section 20.49.030(B), all personal
wireless service facilities shall obtain a minor use permit (MUP), conditional use permit (CUP),
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limited term permit (LTP), or administrative clearance (AC) as provided for in Table 4-1 unless
prohibited by Section 20.49.040(B). Notwithstanding permits identified in Table 4-1, any
application for a facility that proposes to exceed the maximum height limit of the applicable
height limit area in which the facility is located pursuant to Section 20.30.060(C)(2) shall require
approval of a CUP by the Planning Commission. The Director’s decision to issue an AC for a
Class 1 Installation shall be final and not subject to further administrative appeal.
Table 4-1
Permit Requirement for
Personal Wireless
Service Facilities
Facility
Class Permit
Class 1 AC
Class 2 MUP
Class 3 See Chapter
13.22
Class 4 CUP
Class 5 LTP
B. Review of Collocated Facilities. Notwithstanding any provision of this chapter to the
contrary, and consistent with California Government Code Section 65850.6, the addition of a
new facility to an existing facility resulting in the establishment of a collocated personal wireless
service facility shall be approved without discretionary review if it complies with Section
20.49.070. If a collocated personal wireless service facility does not satisfy all of the
requirements of California Government Code Section 65850.6 and Section 20.49.070, the
facility shall be reviewed pursuant to the review procedures provided in Table 4-1.
C. Emergency Communications Review. At the time an application is submitted to the
Community Development Department, a copy of the plans, map, and emission standards shall
be sent to the Police Chief. The Police Chief shall review the plan’s potential conflict with
emergency communications. The review may include a pre-installation test of the personal
wireless service facility to determine if any interference exists. If the Police Department
determines that the proposal has a high probability that the facility will interfere with emergency
communications devices, the applicant shall work with the Police Department to avoid
interference.
D. Other Permits and Regulatory Approvals. In addition to any minor use permit or other
permit required under this chapter, the applicant must obtain all other required permits and
other regulatory approvals from the City, and State and Federal agencies. Any minor use permit
or other permit granted under this chapter shall be subject to the conditions and/or other
requirements in any other required permits or other regulatory approvals.
E. Proprietary Approvals. Nothing in this chapter shall be deemed to waive any required
proprietary approvals for siting of personal wireless service facilities on privately or publicly
owned property or improvements.
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20.49.060. Permit Applications.
A. Application Requirement. The City shall not accept, approve, or deny any personal
wireless service facility subject to this chapter except upon a duly filed application pursuant to
Chapter 20.50 (Permit Application Filing and Processing) and any other written rules the
Director may publish in any publicly-stated format.
B. Minimum Application Content. The materials required under this section are minimum
requirements for any application for any personal wireless service facility:
1. Application Form. The Director shall prepare and issue application forms and lists
that specify the information that will be required from applicants for projects subject
to the provisions of this chapter, laws, and applicable court decisions.
2. Application Fee. The City Council may approve by resolution a Fee Schedule that
establishes cost-based fees for permits, appeals, amendments, information
materials, penalties, copying, and other such items. These fees may be amended by
the City Council.
C. Applications Deemed Withdrawn. To promote efficient review and timely decisions by
the City, an application will be automatically deemed withdrawn without prejudice by the
applicant when the applicant fails to tender a substantive response to the City within sixty (60)
calendar days after the City deems the application incomplete in a written notice to the
applicant. The Director may, in the Director’s discretion, grant a written extension for up to an
additional thirty (30) calendar days when the applicant delivers to the City a written request
prior to the sixtieth (60) day that shows good cause to grant the extension. Delays due to
circumstances outside the applicant’s reasonable control shall be considered good cause to
grant the extension.
20.49.070. Modification and Collocation of Existing Facilities.
A. Notwithstanding any provision in this chapter, a request to modify an existing facility that
involves the collocation of new transmission equipment, the removal of existing transmission
equipment, or the replacement of existing transmission equipment shall be subject to
administrative review without processing any discretionary permit provided that such
modification does not substantially change the existing facility from the original permit for the
facility.
B. Each application submitted under this section for a modification or collocation to an
existing personal wireless service facility shall be accompanied by:
1. A detailed description of the proposed modifications to the existing personal wireless
service facility(ies);
2. A photograph or description of the personal wireless service facility as originally
constructed, if available; a current photograph of the existing facility; and, a graphic
depiction of the facility after modification showing all relevant dimensions;
3. A detailed description of all construction that will be performed in connection with the
proposed modification; and
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4. A written statement signed and stamped by a professional engineer, licensed and
qualified in California, attesting that the proposed modifications do not constitute a
substantial change of the existing permitted facility.
C. Any permit issued will be conditioned upon the accuracy of the application, and may be
revoked, and the personal wireless service facility shall be removed and restored to its pre-
modification condition if any material statement made with respect to the facility application is
false or the modifications as actually made would have required a discretionary review had the
plan for the facility accurately depicted the modifications.
20.49.080. Departmental Forms, Rules and Other Regulations.
The City Council authorizes the Director of Community Development to develop and publish
permit application forms, checklists, informational handouts and other related materials for this
chapter. Without further authorization from the City Council, the Director may from time to time
update and alter the permit application forms, checklists, informational handouts and other
related materials as the Director deems necessary or appropriate to respond to regulatory,
technological or other changes related to this chapter. The City Council further authorizes the
Director to establish other reasonable rules and regulations, which may include, without
limitation, regular hours for appointments with applicants and/or submittals without
appointments, as the Director deems necessary or appropriate to organize, document and
manage the application intake process. All such rules and regulations must be in written form
and publicly stated to provide applicants with prior notice.
20.49.090. Design Standards.
A. Generally Applicable Development Standards. All new personal wireless service
facilities and all collocations or modifications to existing personal wireless service facilities not
subject to Section 6409(a) must conform to the generally applicable development standards in
this subsection (A) in order to mitigate impacts on adjacent properties.
1. Concealment. Personal wireless service facilities must incorporate concealment
elements, measures and techniques that blend the equipment and other improvements
into the natural and/or built environment in a manner consistent and/or compatible with
the uses germane to the underlying zoning district and existing in the immediate vicinity.
2. Public View Protection. All new or modified personal wireless service facilities, whether
approved by administrative or discretionary review, shall comply with
Section 20.30.100 (Public View Protection). Additionally, potential impacts from a new
or modified personal wireless service facility to public views that are not identified by
General Plan Policy NR 20.3 shall be evaluated to determine if inclusion in Policy NR
20.3 would be appropriate. If deemed appropriate for inclusion, the potential impacts to
such public views shall be considered.
3. Height. All facilities shall not exceed the increased maximum height limit for flat
structures in the applicable height limit area pursuant to Section 20.30.060(C)(2) unless
the Planning Commission or City Council makes all of the required findings in
Section 20.49.100(C) and approves a CUP for a personal wireless service facility to
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exceed the maximum height limit by no more than fifteen (15) feet. All personal wireless
service facilities shall comply with height restrictions or conditions, if any, required by the
Federal Aviation Administration, and shall comply with Section 20.30.060(E) (Airport
Environs Land Use Plan for John Wayne Airport and Airport Land Use Commission
Review Requirements) as may be in force at the time the personal wireless service
facility is permitted or modified.
4. Setbacks. Personal wireless service facilities may not encroach into any applicable
setback for structures in the subject zoning district unless specifically authorized by the
Director.
5. Noise. Personal wireless service facilities and all accessory equipment and transmission
equipment must comply with all noise regulations, which includes, without limitation,
Chapter 10.26 (Community Noise Control), and shall not exceed, either individually or
cumulatively, the applicable ambient noise limit in the subject zoning district. The
approval authority may require the applicant to incorporate appropriate noise-baffling
materials and/or strategies whenever necessary to avoid any ambient noise from
equipment reasonably likely to exceed the applicable limit.
6. Landscaping. Personal wireless service facilities must include landscape features when
proposed in a landscaped area. The approval authority may require additional landscape
features to screen the facility from public view, avoid or mitigate potential adverse
impacts on adjacent properties or otherwise enhance the concealment required under
this chapter. The permittee shall be responsible for maintenance of and replacement of
all landscaping.
7. Security Measures. Personal wireless service facilities may incorporate reasonable and
appropriate security measures, such as fences, walls and anti-climbing devices, to
prevent unauthorized access, theft and vandalism. Security measures must be designed
to enhance concealment to the maximum extent possible. The approval authority may
require additional concealment elements as the approval authority finds necessary to
blend the security measures and other improvements into the natural and/or built
environment. The approval authority shall not approve barbed wire, razor ribbon,
electrified fences or any similar security measures that may cause serious injury or
death.
8. Backup Power Sources. The approval authority may approve permanent backup power
sources and/or generators on a case-by-case basis. The City strongly favors non- and
low-polluting backup power sources such as fuel cells and natural gas generators, and
strongly disfavors backup power sources that pollute such as diesel and gasoline
generators. Any permanent backup power sources and/or generator shall be located as
far away from sensitive receptors as feasible.
9. Lights. Personal wireless service facilities may not include exterior lights other than: (a)
as may be required under FAA, FCC or other applicable governmental regulations; and
(b) timed or motion-sensitive lights for security and/or worker safety. All exterior lights
permitted or required to be installed must be installed in locations and within enclosures
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that avoids illumination impacts on other properties to the maximum extent feasible. FAA
or FCC required aircraft warning lighting shall to the maximum extent feasible use
lighting shielded from view from any human-occupied structure within the City.
10. Signage; Advertisements. All personal wireless service facilities must include signage
that continuously and accurately identifies the equipment permittee, the permittee’s site
name or identification number, as well as a local or toll-free number to the permittee’s
network operations center. Personal wireless service facilities must not bear any other
signage or advertisements unless expressly approved by the City, required by law or
recommended by the FCC, CPUC, or other United States or State governmental
agencies.
11. Future Collocations. All personal wireless service facilities must be designed and sited
in a manner that contemplates future collocations and shall facilitate additional
equipment to be integrated into the proposed facility or associated structures with no or
negligible visual changes to its outward appearance to the greatest extent feasible.
12. Utilities. All cables and connectors for telephone, primary electric and other similar utility
services must be routed underground to the extent feasible in conduits large enough to
accommodate future collocated facilities. The approval authority shall not approve new
overhead utility lines or service drops merely because compliance with the
undergrounding requirements would increase the project cost.
13. Compliance with Laws. All personal wireless service facilities must be designed and sited
in compliance with all applicable Federal, State and local laws, regulations, rules,
restrictions and conditions, which includes, without limitation, the California Building
Standards Code as amended by the City, General Plan and any specific plan, the
Newport Beach Municipal Code and any conditions or restrictions in any permit or other
governmental approval issued by any public agency with jurisdiction over the project.
14. Nonconformities. A proposed or modified personal wireless service facility shall not
create any new or increased nonconformity as defined in the Zoning Code, such as, but
not limited to, a reduction in and/or elimination of, required parking, landscaping, or
loading zones unless relief is sought pursuant to applicable zoning code procedures.
B. Design Standards by Facility Class, Including Support Equipment.
1. Class 1 (Stealth/Screened) Installations.
a. All personal wireless service facility components, including all antennas, antenna
panels, cables, wires, conduit, mounting brackets, and support equipment, shall not
be visible in any direction (360 degrees) from a public right-of-way or adjacent
residential property, as may be seen from a point six feet above ground level. The
intent is for all equipment to be adequately screened from public view(s), and
mounted either inside the building or structure, or behind screening elements and
not on the exterior face of the building or structure.
b. Screening materials shall match in color, size, proportion, style, and quality with the
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exterior design and architectural character of the structure and the surrounding visual
environment. If determined necessary by the reviewing authority, screening to avoid
adverse impacts to views from land or buildings at higher elevations shall be
required.
c. When a personal wireless service facility is proposed within an existing or new
architectural feature such as a steeple, religious symbol, tower, cupola, clock tower,
sign tower, etc., the facility shall be architecturally compatible with the existing
structure or building.
2. Class 2 (Visible) Installations.
a. Building or structure mounted antennas shall be painted or otherwise coated to
match or complement the predominant color of the structure on which they are
mounted and shall be compatible with the architectural texture and materials of the
building to which the antennas are mounted. No cables, wires, conduit, mounting
brackets or any other associated support equipment shall be visible.
b. All antenna components and support equipment shall be treated with exterior
coatings of a color and texture to match the predominant visual background and/or
adjacent architecture so as to visually blend in with the surrounding development.
Subdued colors and nonreflective materials that blend with surrounding materials
and colors shall be used.
3. Class 3 (Public Right-of-Way) Installations. A facility within the public right-of-way shall
comply with Chapter 13.22.
4. Class 4 (Freestanding Structure) Installations.
a. The installation of new lattice towers or monopoles with visible antennas or antenna
arrays is strongly discouraged due to the negative visual effects of such facilities.
Preferred monopole designs include fully screened antennas without visible
brackets, cables, or conduit. Additionally, any lattice tower or monopole should be
sited in the least obtrusive location as practicable.
b. The construction of new freestanding structures such as signs, monoliths, pyramids,
light houses, or other similar vertical structures shall be designed and sited to
appropriately complement a site and screen all elements of the personal wireless
service facility.
c. The installation of artificial rocks shall match in scale and color with other rock
outcroppings in the general vicinity of the proposed site. An artificial rock screen may
not be considered appropriate in areas that do not have natural rock outcroppings.
d. The installation of artificial trees or shrubbery is strongly discouraged if they are
obviously not natural to the average reasonable observer. When an artificial tree or
shrubbery is proposed, it shall be designed for and located in a setting that is
compatible with the proposed screening method. Such installations shall be situated
so as to utilize existing natural or manmade features including topography,
vegetation, buildings, or other structures to provide the greatest amount of visual
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screening. All antennas and antenna supports shall be contained within the canopy
of the tree design or other vegetation comparable to that being replicated by the
proposed screening elements. Finally, the addition of new comparable living
vegetation may be necessary to enhance the artificial tree or shrubbery screening
elements.
e. Flagpoles shall not exceed twenty-four (24) inches in width at the base of the flagpole
and also shall not exceed twenty (20) inches in width at the top of the flagpole.
5. Class 5 (Temporary) Installations. A temporary personal wireless service facility
installation may require screening to reduce visual impacts depending on the duration
of the permit and the setting of the proposed site. If screening methods are determined
to be necessary by the review authority, the appropriate screening methods will be
determined through the application review and permitting process in consideration of
the temporary nature of the facility.
6. Support Equipment. All support equipment associated with the operation of any personal
wireless service facility shall be placed or mounted in the least visually obtrusive location
practicable, and shall be screened from view.
a. Building-Mounted Personal Wireless Service Facilities. For building- or structure-
mounted antenna installations, support equipment for the facility may be located
inside the building, in an underground vault, or on the roof of the building that the
facility is located on; provided, that both the equipment and any screening materials
are architecturally compatible and/or painted the color of the building, roof, and/or
surroundings thereby providing screening.
b. Roof-Mounted Personal Wireless Service Facilities. All screening materials for roof-
mounted facilities shall be of a quality and design compatible with the architecture,
color, texture and materials of the building to which it is mounted. If determined
necessary by the review authority, screening to avoid adverse impacts to views from
land or buildings at higher elevations shall be required.
c. Freestanding Personal Wireless Service Facilities. For freestanding facilities
installations, not mounted on a building or structure, support equipment for the facility
may be visually screened by locating the support equipment in a fully enclosed
building, in an underground vault, or in a security enclosure consisting of walls and/or
landscaping to effectively screen the support equipment at the time of installation.
d. All wall and landscaping materials shall be selected so that the resulting screening
will be visually integrated with the architecture and landscape architecture of the
surroundings.
e. Screening enclosures may utilize graffiti-resistant and climb-resistant vinyl-clad
chain link with a “closed-mesh” design not more than a one-inch gaps) or may consist
of an alternate enclosure design approved by the review authority. In general, the
screening enclosure shall be made of nonreflective material and painted to blend
with surrounding materials and colors.
f. If placed in an underground vault, flush-to-grade vents, or alternatively, vents that
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extend no more than twenty-four (24) inches above the finished grade and are
screened from public view may be utilized.
20.49.100. Decisions.
A. Notice.
1. General Notice Required for the Application. Public notice as provided in Chapter
20.62 (Public Hearings) will be required for any minor use permit. The approval
authority shall not act on any application for a personal wireless service facility unless
the public notice required by law has occurred.
2. Deemed-Approval Notice Procedures. Not more than thirty (30) days before the
applicable FCC timeframe for review expires, and in addition to the public notice
required in subsection (A)(1) of this section, an applicant for a minor use permit shall
provide a posted notice at the project site that states the project shall be
automatically deemed approved pursuant to California Government Code Section
65964.1 unless the City approves or denies the application or the applicant tolls the
timeframe for review within the next thirty (30) days. The posted notice must be
compliant with the provisions in this chapter. The public notice required under this
subsection (A)(2) shall be deemed given when the applicant delivers written notice
to the Planning Director that shows the appropriate notice has been posted at the
project site.
3. Decision Notices. After the approval authority approves, conditionally approves or
denies an application for a personal wireless service facility or before the FCC
timeframe for review expires (whichever occurs first), the approval authority shall
send a written determination to the applicant and all other parties entitled to receive
notice. For any denial notice, the approval authority shall include the reasons for the
denial either in the notice or as a separate written document.
4. General Findings for Approval. The review authority may approve or conditionally
approve an application for a personal wireless service facility only after first finding
each of the required findings for a MUP or CUP pursuant to Section 20.52.020
(Conditional Use Permits and Minor Use Permits), or an LTP pursuant to Section
20.52.040 (Limited Term Permits), and each of the following findings:
a. The proposed personal wireless service facility is visually compatible with the
surrounding neighborhood;
b. The proposed personal wireless service facility complies with height, location and
design standards, as provided for in this chapter;
c. The proposed facility complies with all applicable development standards
described in Section 20.49.090;
d. The applicant has demonstrated that its proposed facility shall be in compliance
with all applicable FCC rules and regulations for human exposure to RF
emissions;
e. The applicant has demonstrated a good-faith effort to identify and evaluate more-
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preferred locations and potentially less-intrusive designs; and
f. The applicant has provided the approval authority with a meaningful comparative
analysis that reasonably shows less-intrusive alternative locations and designs
identified in the administrative record are either technically infeasible or not
potentially available.
B. Findings to Increase Height. The review authority may approve or conditionally approve an
application for a personal wireless service facility which includes a request to exceed the
maximum height limit for the zoning district in which the facility is located up to a maximum
of fifteen (15) feet only after making each of the following findings in addition to the general
findings set forth in subsection (B) of this section and the required findings for a MUP or
CUP pursuant to Section 20.52.020 (Conditional Use Permits and Minor Use Permits), or
an LTP pursuant to Section 20.52.040 (Limited Term Permits):
1. The increased height will not result in undesirable or abrupt scale changes or
relationships being created between the proposed personal wireless service facility
and existing adjacent developments or public spaces.
2. Establishment of the personal wireless service facility at the requested height is
necessary to provide service.
C. Conditional Approvals. The approval authority may impose any reasonable conditions
on any minor use permit, related and proportionate to the subject matter in the application, as
the approval authority deems necessary or appropriate to promote and ensure conformance
with the General Plan, any applicable specific plan and all applicable provisions in this Code.
D. Limited Exception for Personal Wireless Service Facilities. The Director shall not grant
any limited exceptions to the requirements of this chapter unless all of the following findings
can be made:
1. The proposed facility qualifies as a personal wireless service facility as defined by
this chapter;
2. The applicant has provided the Director with a reasonable and clearly defined
technical service objective to be achieved by the proposed facility;
3. The applicant has provided the Director with a written statement that contains a
detailed and fact-specific explanation as to why the proposed facility cannot be
deployed in compliance with the applicable provisions in this chapter, the Newport
Beach Municipal Code, the General Plan and/or any specific plan;
4. The applicant has provided the Director with a meaningful comparative analysis with
the factual reasons why all alternative locations and/ or designs identified in the
administrative record (whether suggested by the applicant, the City, public
comments or any other source) are not technically feasible or potentially available to
reasonably achieve the applicant’s reasonable and clearly defined technical service
objective to be achieved by the proposed facility; and
5. The applicant has demonstrated that the proposed location and design is the least
noncompliant configuration that shall reasonably achieve the applicant’s reasonable
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and clearly defined technical service objective to be achieved by the proposed
facility, which includes, without limitation, a meaningful comparative analysis into
multiple smaller or less intrusive facilities dispersed throughout the intended service
area.
E. Appeals. Any person or entity may appeal a decision by the Director in accordance with
the standards and procedures set forth in Chapter 20.64 (Appeals). Environmental effects from
RF emissions that comply with all applicable FCC regulations shall not be grounds for an
appeal.
20.49.110. Standard Conditions of Approval.
In addition to all other conditions adopted by the approval authority, all minor use permits,
whether approved by the approval authority or deemed approved by the operation of law, shall
be automatically subject to the conditions set forth below:
A. Approved Plans. Before the permittee submits any applications to the Building Division,
the permittee must incorporate the permit, all conditions associated with the permit and the
approved photo simulations into the project plans (the “Approved Plans”). The permittee must
construct, install and operate the facility in strict compliance with the Approved Plans. Any
alterations, modifications or other changes to the Approved Plans, whether requested by the
permittee or required by other departments or public agencies with jurisdiction over the facility,
must be submitted in a written request subject to the Director’s prior review and approval, who
may refer the request to the original approval authority if the Director finds that the requested
alteration, modification or other change implicates a significant or substantial land-use concern.
B. Build-Out Period. In accordance with Section 20.54.060 (Time Limits and Extensions),
the permit shall automatically expire two (2) years from the issuance date unless the permittee
obtains all other permits and approvals required to install, construct and/ or operate the
approved facility, which includes, without limitation, any permits or approvals required by the
any Federal, State or local public agencies with jurisdiction over the subject property, the facility
or its use. The Director may grant one written extension to a date certain when the permittee
shows good cause to extend the limitations period in a written request for an extension received
by the City prior to the automatic expiration date in this condition.
C. Maintenance Obligations; Vandalism. The permittee shall at all times keep the site,
which includes, without limitation, any and all improvements, equipment, structures, access
routes, fences and landscape features, in a neat, clean and safe condition in accordance with
the Approved Plans and all conditions in the permit. The permittee shall keep the site area free
from all litter and debris at all times. The permittee, at no cost to the City, shall remove and
remediate any graffiti or other vandalism at the site within forty eight (48) hours after the
permittee receives notice or otherwise becomes aware through its own staff including
contractors that such graffiti or other vandalism occurred.
D. Compliance with Laws. The permittee shall maintain compliance at all times with all
Federal, State and local statutes, regulations, orders or other rules that carry the force of law
(“Laws”) applicable to the permittee, the subject property, the facility or any use or activities in
connection with the use authorized in the permit. The permittee expressly acknowledges and
agrees that this obligation is intended to be broadly construed and that no other specific
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requirements in these conditions are intended to reduce, relieve or otherwise lessen the
permittee’s obligations to maintain compliance with all Laws.
E. Inspections; Emergencies. The permittee expressly acknowledges and agrees that the
City or its designee may enter onto the site and inspect the improvements and equipment upon
reasonable prior notice to the permittee; provided, however, that the City or its designee may,
but shall not be obligated to, enter onto the site area without prior notice to support, repair,
disable or remove any improvements or equipment in emergencies or when such
improvements or equipment threatens actual, imminent harm to property or persons. The
permittee shall be permitted to supervise the City or its designee while such inspection or
emergency access occurs.
F. Contact Information. The permittee shall furnish the City Planning Division with accurate
and up-to-date contact information for the facility, which includes, without limitation, direct
telephone number and/or an email address. The permittee shall keep such contact information
up-to-date at all times.
G. Indemnification.
To the fullest extent permitted by law, the permittee shall indemnify, defend and hold harmless
City, its City Council, boards and commissions, officers, agents, volunteers, employees
(collectively, the “Indemnified Parties”) from and against any and all: (1) claims (including,
without limitation, claims for bodily injury, death or damage to property), demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs
and expenses (including, without limitation, attorneys’ fees, disbursements and court costs) of
every kind and nature whatsoever (individually, a Claim; collectively, “Claims”), and which
relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the
permittee or its principals, officers, agents, employees, vendors, suppliers, subconsultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts they
may be liable, or any or all of them; and (2) claims brought against the Indemnified Parties to
challenge, attack, seek to modify, set aside, void or annul the City’s approval of any permit or
regulatory approval authorized by the City under this chapter.
Notwithstanding the foregoing, nothing herein shall be construed to require the permittee to
indemnify the Indemnified Parties from any Claim arising from the sole negligence, active
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be
construed as authorizing any award of attorneys’ fees in any action on or to enforce the terms
of this Agreement. This indemnity shall apply to all claims and liability regardless of whether
any insurance policies are applicable. The policy limits do not act as a limitation upon the
amount of indemnification to be provided by the permittee.
If the City becomes aware of any claims, the City shall use best efforts to promptly notify the
permittee and shall reasonably cooperate in the defense. The permittee expressly
acknowledges and agrees 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 promptly reimburse the City for any costs and
expenses directly and necessarily incurred by the City in the course of the defense.
H. Revocation/Modification of Permit. The original approval authority may revoke or modify
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the permit at any time based upon noncompliance with the Newport Beach Municipal Code or
any approval conditions. In accordance with Chapter 20.68 (Enforcement), the approval
authority may revoke the permit or amend these conditions as the approval authority deems
necessary or appropriate to correct any such noncompliance.
I. Duty to Retain Records. The permittee must maintain complete and accurate copies of
all permits and other regulatory approvals (the records) issued in connection with the personal
wireless service facility, which includes, without limitation, this approval, the approved plans
and photo simulations incorporated into this approval, all conditions associated with this
approval and any ministerial permits or approvals issued in connection with this approval. If the
permittee does not maintain such records as required in this condition or fails to produce true
and complete copies of such records within a reasonable time after a written request from the
City, any ambiguities or uncertainties that would be resolved through an inspection of the
missing records shall be construed against the permittee.
20.49.120. Temporary Personal Wireless Service Facilities.
A. Temporary Personal Wireless Service Facilities—Non-Emergencies. The Zoning
Administrator may approve or conditionally approve an LTP for a temporary personal wireless
service facility for a period between four (4) days and ninety (90) days, inclusive, in accordance
with Section 20.52.040 (Limited Term Permits) only when the Zoning Administrator finds all the
following:
1. The proposed temporary personal wireless service facility shall not exceed fifty (50)
feet in overall height above ground level;
2. The proposed temporary personal wireless service facility complies with all setback
requirements applicable to the proposed location;
3. The proposed temporary personal wireless service facility shall not involve any
excavation or ground disturbance;
4. The proposed temporary personal wireless service facility shall be compliant with all
generally applicable public health and safety laws and regulations, which includes,
without limitation, maximum permissible exposure limits for human exposure to RF
emissions established by the FCC;
5. The proposed temporary personal wireless service facility shall not create any
nuisance or violate any noise limits applicable to the proposed location;
6. The proposed temporary personal wireless service facility shall be identified with a
sign that clearly identifies the site permittee and contains a working telephone
number to a live person who can exert power-down control over the antennas;
7. The proposed wireless temporary personal wireless service facility shall be removed
within five (5) days after the expiration of the temporary use permit;
8. The applicant has not received any other temporary use permit for substantially the
same location within the previous ninety (90) calendar days; and
9. The applicant has not sought approval for any permanent personal wireless service
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facility in substantially the same location within the previous three hundred sixty five
(365) days.
B. Temporary Personal Wireless Service Facilities—Emergencies.
1. Temporary personal wireless service facilities may be placed and operated within the
City for more than three (3) days without a limited term permit only when a duly-authorized
Federal, State, county or City official declares an emergency within the City, or a region
that includes the City in whole or in part at the location of the temporary personal
wireless service facility.
2. By placing the temporary personal wireless service facility pursuant to this subsection
(B), the entity or person placing the temporary personal wireless service facility agrees
to and shall defend, indemnify and hold harmless the City, its agents, officers, officials,
employees and volunteers from any and all damages, liabilities, injuries, losses, costs
and expenses and from any and all claims, demands, law suits, writs and other actions
or proceedings (“Claims”) brought against the City or its agents, officers, officials,
employees or volunteers for any and all Claims of any nature related to the installation,
use, non-use, occupancy, removal, and disposal of the temporary personal wireless
service facility; provided, however, the permittee and, if applicable, the property owner
upon which the facility is installed, shall not defend, indemnify, or hold harmless the City,
agents, officers, officials, employees and volunteers due to the negligence, gross
negligence, or willful misconduct of the City, agents, officers, officials, employees, and
volunteers.
3. The temporary personal wireless service facility shall prominently display upon it a
legible notice identifying the entity responsible for the placement and operation of the
temporary personal wireless service facility.
4. Any temporary personal wireless service facilities placed pursuant to this subsection (B)
must be removed within: (a) five (5) days after the date the emergency is lifted; or (b)
upon three (3) days’ written notice from the Director or City Manager; or (c) within one
hour if required for public safety reasons by City police or fire officials (whichever occurs
first). If the temporary facility is not removed as required in this subsection (B), the City
may at its sole election remove and store or remove and dispose of the temporary facility
at the sole cost and risk of the person or entity placing the temporary facility.
C. Temporary Personal Wireless Service Facilities—Construction.
Temporary personal wireless service facilities may be placed and operated within the City
without an LTP only if they coincide with an active building permit for construction on the same
site. This exception applies only when necessary to maintain pre-existing coverage while a
permanent facility is being impacted by construction.
1. By placing the temporary personal wireless service facility pursuant to this
subsection (C), the entity or person placing the temporary personal wireless service
facility agrees to and shall defend, indemnify and hold harmless the City, its agents,
officers, officials, employees and volunteers from any and all damages, liabilities,
injuries, losses, costs and expenses and from any and all Claims brought against the
City or its agents, officers, officials, employees or volunteers for any and all Claims
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of any nature related to the installation, use, non-use, occupancy, removal, and
disposal of the temporary personal wireless service facility; provided, however, the
permittee and, if applicable, the property owner upon which the facility is installed,
shall not defend, indemnify, or hold harmless the City, agents, officers, officials,
employees and volunteers due to the negligence, gross negligence, or willful
misconduct of the City, agents, officers, officials, employees, and volunteers.
2. The temporary personal wireless service facility shall prominently display upon it a
legible notice identifying the entity responsible for the placement and operation of
the temporary personal wireless service facility.
3. The proposed temporary personal wireless service facility shall not exceed fifty (50)
feet in overall height above ground level.
4. Any temporary personal wireless service facilities placed pursuant to this subsection
(C) must be removed, at no cost to the City, within: (a) five (5) days after the date
the relevant building permit receives final inspection; (b) upon three (3) days’ written
notice from the Director or City Manager; or (c) within one hour if required for public
safety reasons by City police or fire officials (whichever occurs first). If the temporary
facility is not removed as required in this subsection (C), the City may at its sole
election remove and store or remove and dispose of the temporary facility at the sole
cost and risk of the person or entity placing the temporary facility.
D. The Zoning Administrator’s decision pursuant to subsection (A) of this section shall be
final and not subject to further administrative appeal.
20.49.130. Compliance Obligations.
An applicant or permittee shall not be relieved of its obligation to comply with every applicable
provision in this Code, any permit, any permit condition or any applicable law or regulation by
reason of any failure by the City to timely notice, prompt or enforce compliance by the
applicant or permittee.
20.49.140. Removal and Abandonment of Wireless Facilities.
A. Discontinued Use. Any permittee who intends to abandon or discontinue use of a
personal wireless service facility must notify the Community Development Director by certified
mail no less than thirty (30) days prior to such abandonment or discontinuance of use. The
permittee or owner of the affected real property shall have ninety (90) days from the date of
abandonment or discontinuance, or a reasonable additional time as may be approved by the
Community Development Director, within which to complete one of the following actions:
1. Reactivate use of the personal wireless service facility.
2. Transfer the rights to use the personal wireless service facility to another permittee
and the permittee commences use within a reasonable period of time as determined
by the Community Development Director.
3. Remove the personal wireless service facility and restore the site.
B. Abandonment. Any personal wireless service facility that is not operated for transmission
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and/or reception for a continuous period of ninety (90) days or whose permittee did not remove
the facility in accordance with subsection (A) of this section shall be deemed abandoned. Upon
a finding of abandonment, the City shall provide notice to the permittee last known to use such
facility and, if applicable, the owner of the affected real property, providing thirty (30) days from
the date of the abandonment notice within which to complete one of the following actions:
1. Reactivate use of the personal wireless service facility.
2. Transfer the rights to use the personal wireless service facility to another permittee
who has agreed to reactivate the facility within thirty (30) days of the transfer.
3. Remove the personal wireless service facility and restore the site.
C. Removal by City.
1. The City may remove an abandoned personal wireless service facility, repair any
and all damage to the premises caused by such removal, and otherwise restore the
premises as is appropriate to be in compliance with applicable codes at any time
after thirty (30) days following the notice of abandonment.
2. If the City removes an abandoned personal wireless service facility, the City may,
but shall not be required to, store the removed facility or any part thereof. The owner
of the premises upon which the abandoned facility was located and all prior
permittees of the facility shall be jointly liable for the entire cost of such removal,
repair, restoration and storage, and shall remit payment to the City promptly after
demand therefor is made. In addition, the City Council, at its option, may utilize any
financial security required in conjunction with granting the permit as reimbursement
for such costs. Also, in lieu of storing the removed facility, the City may convert it to
the City’s use, sell it, or dispose of it in any manner deemed by the City to be
appropriate.
D. City Lien on Property. Until the cost of removal, repair, restoration, and storage is paid in
full, a lien shall be placed on the abandoned personal property and any real property on which
the personal wireless service facility was located for the full amount of all costs incurred by the
City for the removal, repair, restoration and storage. The City Clerk shall cause the lien to be
recorded with the Orange County Recorder, with the costs of filing, processing, and release of
such City lien being added to the other costs listed in this subsection.
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Attachment No. PC 2
Resolution No. PC2026-007
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RESOLUTION NO. PC2026-007
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING THE
CITY COUNCIL AUTHORIZE SUBMITTAL OF A LOCAL
COASTAL PROGRAM AMENDMENT TO TITLE 21 (LOCAL
COASTAL PROGRAM IMPLEMENTATION PLAN) OF THE
NEWPORT BEACH MUNICIPAL CODE RELATED TO WIRELESS
SERVICE FACILITIES (PA2021-103)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. Section 30500 of the California Public Resources Code requires each county and city
to prepare a Local Coastal Program (“LCP”) for that portion of the coastal zone within
its jurisdiction.
2. In 2005, the City of Newport Beach (“City”) adopted the City of Newport Beach Local
Coastal Program Coastal Land Use Plan as amended from time to time.
3. The California Coastal Commission effectively certified the City’s Local Coastal Program
Implementation Plan on January 13, 2017, and the City added Title 21 (Local Coastal
Program Implementation Plan) (“Title 21”) to the City of Newport Beach Municipal Code
(“NBMC”) whereby the City assumed coastal development permit-issuing authority on
January 30, 2017.
4. On September 26, 2018, the Federal Communications Commission (FCC) issued the
Declaratory Ruling and Third Report, adding regulations 47 C.F.R. 1.6001-1.6004,
which adopted new rules substantially revising local jurisdictions’ authority to regulate
the deployment of small wireless facilities (i.e., “small cell”). Under the police power of
Article XI, Section 7 of the California Constitution, as confirmed by T-Mobile West LLC
v. City and County of San Francisco (2019), local jurisdictions retain the full authority to
regulate wireless service facilities in the right-of-way to the extent such regulations are
not inconsistent with general laws. As a result of these FCC changes, it was determined
to be in the best interest of the City and the public to update the NBMC in a manner that
would make the regulations of the City consistent with state and federal law.
5. On May 25, 2021, the City Council adopted Resolution No. 2021-42 to initiate updates
to Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation
Plan) (“LCP Amendment”) of the NBMC related to wireless telecommunications facilities
(i.e., “wireless service facilities”) in the public right-of-way.
6. Upon the City Council’s initiation, staff evaluated the City’s regulations and monitored
ongoing developments in state and federal law, ultimately determining that the City’s
framework was functioning appropriately.
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7. Since the City’s last comprehensive update in 2014, the telecommunications landscape
has evolved significantly, with demand shifting from traditional voice service to high-
capacity, data-driven connectivity. Increased reliance on cellular networks, the
proliferation of connected devices, and advancements in wireless technology have
intensified the need for reliable infrastructure, underscoring the importance of
maintaining regulatory and permitting processes that are clear, adaptable, and
consistent with the City’s authority to provide thoughtful local oversight.
8. On January 13, 2026, the City Council conducted a study session where City staff
identified a three-pronged approach to revamping the City’s regulations for wireless
service facilities, especially those in the public right-of-way, and at the conclusion, the
City Council unanimously supported several updates to the NBMC.
9. Pursuant to Section 13515 (Public Participation and Agency Coordination Procedures)
of the California Code of Regulations Title 14, Division 5.5, Chapter 8, Subchapter 2, Article
5 (Public Participation) (“Section 13515”), drafts of the LCP Amendment were made
available, and a Notice of Availability was distributed at least six weeks prior to the
anticipated final City Council action date.
10. A public hearing was held on March 5, 2026, in the Council Chambers located at 100 Civic
Center Drive, Newport Beach, California 92660. A notice of time, place and purpose of
the public hearing was given in accordance with the California Government Code
Section 54950 et seq. (“Ralph M. Brown Act”) and Chapter 20.62 (Public Hearings) of
the NBMC. Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this public hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
The LCP Amendment is not a project subject to the California Environmental Quality Act
(“CEQA”) in accordance with Section 20165 of the California Public Resources Code and
Sections 15060(c)(2), 15060(c)(3), and 15378 of the California Code of Regulations, Title 14,
Division 6, Chapter 3 (“CEQA Guidelines”). The Code Amendment is also exempt pursuant to
CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects,
which have the potential for causing a significant effect on the environment.
SECTION 3. FINDINGS.
An amendment to Title 21 (Local Coastal Program Implementation Plan) of NBMC is a
legislative act. There are no required findings for either approval or denial of such amendments.
Notwithstanding the foregoing, the LCP Amendment is consistent with the City Council’s
initiation on May 25, 2021, and subsequent direction on January, 13, 2026, and the following
findings are made:
1. The LCP Amendment is consistent with and in furtherance of several Coastal Land Use
Plan goals and policies, including 2.2.2-4 (Appropriate Development Standards), 3.1.1-9
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(Protect, Expand, and Enhance Public Coastal Access), 3.2.2-1 (Adequate Support
Facilities and Services), and 4.4.1 (Coastal Views).
2. The LCP Amendment will continue to harmonize the purpose and intent of the California
Coastal Act of 1976 and the City’s certified LCP with proposed wireless service facilities by
requiring a coastal development permit or a de minimis waiver for non-exempt projects that
are considered “development” and may have impacts to coastal resources.
3. The LCP Amendment does not increase the potential height of wireless service facilities
nor does it allow them in areas where they are currently prohibited.
4. The LCP Amendment continues to provide adequate design, development, and screening
standards to ensure that future facilities are visually compatible with the community and to
protect coastal resources.
5. The LCP Amendment includes provisions reflective of state and federal law and provides
for the administrative review of minor modifications to, or the collocation of, existing wireless
service facilities.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
6. The Planning Commission of the City of Newport Beach hereby finds the LCP Amendment is
not a project subject to the California Environmental Quality Act (“CEQA”) in accordance with
Section 21065 of the California Public Resources Code and Sections 15060(c)(2),
15060(c)(3), and 15378 of the California Code of Regulations Title 14, Division 6, Chapter 3
(“CEQA Guidelines”). The Code Amendment is also exempt pursuant to CEQA Guidelines
Section 15061(b)(3), the general rule that CEQA applies only to projects, which have the
potential for causing a significant effect on the environment.
7. The Planning Commission of the City of Newport Beach hereby recommends the City Council
authorize staff to submit this Local Coastal Program Implementation Plan Amendment, as set
forth in Exhibit “A,” which is attached hereto and incorporated herein by reference, to the
California Coastal Commission.
8. This LCP Amendment shall not become effective until approval by the California Coastal
Commission (“Coastal Commission”) and adoption, including any modifications suggested
by the Coastal Commission, by ordinance of the City Council.
PASSED, APPROVED, AND ADOPTED THIS 5TH DAY OF MARCH 2026.
AYES:
NOES:
ABSTAIN:
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ABSENT:
BY: ____________________________
Tristan Harris, Chair
BY: ____________________________
Jonathan Langford, Secretary
Attachment: Exhibit “A” – Draft Title 21 Amendment
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EXHIBIT “A”
TITLE 21 (LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN) AMENDMENT
Chapter 21.49 (Wireless Telecommunications Facilities) will be replaced in its entirety with
the following:
Chapter 21.49
PERSONAL WIRELESS SERVICE FACILITIES
Sections:
21.49.010 Purpose.
21.49.020 Definitions.
21.49.030 Applicability.
21.49.040 Preferences and Prohibited Locations.
21.49.050 General Development and Design Standards.
21.49.060 Modification and Collocation of Existing Facilities.
21.49.070 Removal of Personal Wireless Service Facilities.
21.49.010 Purpose.
The purpose and intent of this chapter is to establish reasonable and uniform standards and
procedures for personal wireless service facilities deployment, construction, installation,
collocation, modification, operation, relocation and removal on all property including the public
right-of-way within the City’s territorial boundaries, consistent with and to the extent permitted
under federal and state law. The regulations contained herein are designed to protect and
promote the public health and safety while preserving the City’s unique coastal resources, public
access, sensitive habitats, public views and scenic qualities as set forth within the goals,
objectives and policies of the General Plan, Coastal Land Use Plan, Local Coastal Program, and
California Coastal Act.
21.49.020 Definitions.
The abbreviations, phrases, terms, and words shall have the meanings assigned to them in this
section. If any definition assigned to any phrase, term, or word in this section conflicts with any
federal or state-mandated definition, the federal or state-mandated definition shall control.
“Antenna” means the same as defined in 47 CFR Section 1.6002(b), as may be amended or
superseded, which currently defines the term as an apparatus designed for the purpose of
emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant
to Commission authorization, for the provision of personal wireless service and any commingled
information services. For purposes of this definition, the term antenna does not include an
unintentional radiator, mobile station, or device authorized under 47 CFR Part 15.
“Antenna array” means antennas having transmission and/or reception elements extending in
more than one direction, and directional antennas mounted upon and rotated through a vertical
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mast or tower interconnecting the beam and antenna support structure, all of which elements
are deemed to be part of the antenna.
“Base station” means the same as defined in 47 CFR Section 1.6100(b)(1), as may be amended
or superseded, which currently defines that term as 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 in 47 C.F.R.
1.6100(b)(9) or any equipment associated with a tower. The term includes, but is not limited to,
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. 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). 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 47 C.F.R. § 1.6100(b)(1)(i)-(ii) 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. 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 47 C.F.R. § 1.6100(b)(1)(i)-(ii).
“Collocation” means (a) for the purposes of any eligible facilities request, the same as defined by
47 CFR Section 1.6100(b)(2), as may be amended, which currently defines the term as 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. As an
illustration and not a limitation, “collocation” as defined herein, effectively means “to add” and
does not necessarily refer to more than one personal wireless service facility installed at a single
site; and (b) for all other purposes, has the same definition as is found in 47 CFR Section
1.6002(g), as may be amended, which defines the term as (1) mounting or installing an antenna
facility on a pre-existing structure; and/or (2) modifying a structure for the purpose of mounting or
installing an antenna facility on that structure.
“Distributed antenna system (DAS)” means a network of one or more antennas and fiber optic
nodes typically mounted to streetlight poles, or utility structures, which provide access and signal
transfer services to one or more third-party wireless service providers. DAS also includes the
equipment location, sometimes called a “hub” or “hotel” where the DAS network is interconnected
with third-party wireless service providers to provide the signal transfer services.
“Facility Classes” refers to the classes of personal wireless service facilities and the attendant
support equipment, which are categorized as follows:
1. Class 1 (Stealth/Screened): a facility with antennas mounted on an existing or
proposed nonresidential building or other structure not primarily intended to be an
antenna support structure where antennas and support equipment, including the
base station, are fully screened so that they are not visible to the general public.
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2. Class 2 (Visible Antennas): a facility with antennas mounted on an existing
nonresidential building, structure, pole, light standard, utility tower, wireless tower
and/or lattice tower.
3. Class 3 (Public Right-of-Way Installations): a facility with antennas installed on a
structure located in the public right-of-way, as regulated by Chapter 13.22 (Personal
Wireless Service Facilities in the Public Right-of-Way).
4. Class 4 (Freestanding Structure): a facility with antennas mounted on a new
freestanding structure constructed for the sole or primary purpose of supporting the
personal wireless service facility.
5. Class 5 (Temporary): a personal wireless service facility including associated
support equipment that is installed at a site on a temporary basis pursuant to a limited
term permit. A Class 5 installation may also be installed in connection with a special
event upon the approval of a special events permit pursuant to Chapter 11.03 with
or without a limited term permit.
“FCC” means the Federal Communications Commission or its duly appointed successor agency.
“Feasible” or “feasibly” means capable of being accomplished in a successful manner within a
reasonable period of time, taking into account environmental, physical, legal and technological
factors.
“Personal wireless services” means the same as defined in 47 USC Section 332(c)(7)(C)(i), as
may be amended, which currently defines the term as commercial mobile services, unlicensed
wireless services, and common carrier wireless exchange access services.
“Personal wireless service facilities” means the same as defined in 47 USC Section
332(c)(7)(C)(ii), as may be amended, which currently defines the term as facilities that provide
personal wireless services.
“Lattice tower” means a freestanding open framework structure used to support antennas,
typically with three or four support legs of open metal crossbeams or crossbars.
“Monopole” means a single free-standing pole or pole-based structure solely used to act as or
support an antenna or antenna arrays.
“Permittee” means the owner of a personal wireless service facility that has obtained permission
through issuance of a wireless facility permit or 6409(a) applicant to construct, install, modify,
collocate, relocate, or otherwise deploy personal wireless service facilities in the public right-of-
way. Said owner shall possess the appropriate legal authority to construct, install, modify,
collocate, relocate, or otherwise deploy personal wireless service facilities in the public right-of-
way.
“Personal wireless services” means the same as defined in 47 USC Section 332(c)(7)(C)(i), as
may be amended, which currently defines the term as commercial mobile services, unlicensed
wireless services, and common carrier wireless exchange access services.
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“Personal wireless service facility(ies)” or “facility(ies)” means the same as defined in 47 USC
Section 332(c)(7)(C)(ii), as may be amended, which currently defines the term as facilities that
provide personal wireless services.
“Public right-of-way” means the same as defined in Section 13.20.20 of this Code, which currently
defines the term as the improved or unimproved surface of and the space above and below a
City easement for public utility purposes, or street, or similar public way of any nature, dedicated
or improved for vehicular, bicycle, and/or pedestrian related use now or hereafter held by City,
however acquired.
“Stealth” or “stealth facility” means a personal wireless service facility in which the antenna, and
the support equipment, are completely hidden from view such as in a monument, cupola, pole-
based structure, or other concealing structure which either mimics, or which also serves as, a
natural or architectural feature. Concealing structures which are obviously not such a natural or
architectural feature to the average reasonable observer do not qualify within this definition. For
example, an artificial tree may not be considered to be a stealth facility.
“Support equipment” means the physical, electrical and/or electronic equipment included within a
personal wireless service facility used to house, power, and/or contribute to the processing of
signals from or to the facility’s antenna or antennas, including but not limited to a base station,
cabling, air conditioning units, equipment cabinets, pedestals, and electric service meters.
Support equipment does not include DAS, antennas or the building or support structure to which
the antennas or other equipment are attached.
“Tower” means the same as defined in 47 CFR Section 1.60001(b)(9), as amended, which
currently defines the term as any structure built for the sole or primary purpose of supporting any
Commission-licensed or authorized antennas and their associated facilities, including structures
that are constructed for wireless communications 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.
“Utility pole” means a single freestanding pole used to support services provided by a public or
private utility provider.
“Utility tower” shall mean an open framework structure (see lattice tower) or steel pole used to
support electric transmission facilities.
21.49.030 Applicability.
A. Applicable Facilities. This chapter applies to all applications and requests for approval
to construct, install, modify, collocate, relocate or otherwise deploy personal wireless service
facilities in the City’s coastal zone that constitute development as defined in Chapter 21.70 and
requires either: (1) a de minimis waiver pursuant Section 21.52.055; or (2) a coastal
development permit pursuant to Chapter 21.52 (Coastal Development Review Procedures),
consistent with the provisions of this Implementation Plan.
B. Exempt Facilities. Notwithstanding subsection (A) of this section, the provisions in this
chapter shall not be applicable to the facilities listed in this subsection (B):
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1. Amateur radio facilities;
2. OTARD antennas;
3. Personal wireless service facilities installed completely indoors and not visible to the
public intended to extend signals for personal wireless services in a personal
residence or a business (such as a femtocell or indoor distributed antenna system);
4. Personal wireless service facilities or equipment owned and operated by CPUC-
regulated electric companies for use in connection with electrical power generation,
transmission and distribution facilities subject to CPUC General Order 131-D;
5. During an emergency, upon following the requirements of Section 21.52.025, the
City Manager, Director of Emergency Services or Assistant Director of Emergency
Services shall have the authority to approve the placement of a personal wireless
service facility in any district on a temporary basis not exceeding ninety (90) calendar
days from the date of authorization. Such authorization may be extended by the City
on a showing of good cause;
6. The placement and operation of any personal wireless service facility within the
public right-of-way is exempt, provided that the facility is mounted to an existing
structure or a replacement structure sited within three feet of the existing location. If
the placement and operation of any personal wireless service facility within the public
right-of-way would result in impacts to public access, scenic resources, ESHA, and
other coastal resources, it requires a coastal development permit, and the City may
require reasonable conditions to avoid or mitigate any impacts on coastal resources;
7. Any collocation or modification that the City may not deny under federal or state law;
and
8. Any personal wireless service facilities or associated infrastructure that are
developed, installed, managed, or operated by the City, for the City, or under the
City’s direction, or located on real property owned by the City, held in trust by the
City, or in which the City maintains a legal or equitable interest and installed pursuant
to a lease, license, franchise agreement or other agreement between the City and
any third party (whether public or private).
The exemption from provisions in this chapter shall not exempt the same facilities from the
provisions and building permit requirements in Title 15 (Buildings and Construction).
C. Other Permits and Regulatory Approvals. In addition to any permit required under this
chapter, the applicant must obtain and comply with all other required authorizations and permits
and all other regulatory approvals from all City departments, and state and federal agencies.
D. Proprietary Approvals. Nothing in this chapter shall be deemed to waive any required
proprietary approvals for siting of personal wireless service facilities on privately or publicly
owned property or improvements.
E. Non-Exclusive Grant. No permit or approval granted under this chapter shall confer any
exclusive right, privilege, license or franchise to occupy or use the public right-of-way of the
City for any purpose whatsoever. Further, no approval shall be construed as any warranty of
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title.
F. Regulations Not in Conflict or Preempted. All personal wireless service facilities within
the City shall comply with the following requirements unless in conflict with or preempted by
the provisions of this chapter:
1. Notwithstanding any other portion of this Section 21.49.030, personal wireless
service facilities are not exempt from compliance with the general development and
design standards in Section 21.49.050.
2. All applicable City design guidelines and standards.
3. Requirements established by any other provision of this Implementation Plan and by
any other ordinance and regulation of the City.
G. Legal Nonconforming Facility. Any personal wireless service facility that was lawfully
constructed, erected, or approved prior to <DATE OF EFFECTIVENESS>, that is operating in
compliance with all applicable laws, and which facility does not conform to the requirements of
this chapter shall be deemed a legal nonconforming facility. Legal nonconforming facilities shall
comply at all times with the laws, ordinances, regulations, and any conditions of approval in
effect at the time the facility was approved, and any regulations pertaining to legal,
nonconforming uses or structures that may be applicable pursuant to provisions of this Code
or federal and state law as they may be amended or enacted, in the future.
21.49.040 Preferences and Prohibited Locations.
A. Preferred Locations. To limit the adverse visual effects of and proliferation of new or
individual personal wireless service facilities in the City, the following list establishes the order
of preference of facilities, from the most preferred (1) to least preferred (4):
1. Collocation of a new personal wireless service facility at an existing facility.
2. Class 1.
3. Class 2 and Class 3.
4. Class 4.
B. Prohibited Locations. Personal wireless service facilities are prohibited in the following
locations:
1. On properties zoned for single-unit or two-unit residential development including
equivalent designations within a planned community district or specific plan districts
except if located on common area lots developed with community facilities,
landscape lots, or private streets;
2. On properties zoned for multi-unit residential development and mixed-use
development including equivalent planned community district or specific plan districts
where the maximum allowable number of dwelling units is four units;
3. In the Open Space (OS) Zoning District, unless personal wireless service facilities
are collocated on an existing utility tower within a utility easement area, or collocated
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on another existing personal wireless service facility;
4. On traffic control standards (traffic signal poles);
5. Within any environmentally sensitive habitat areas, wetlands, or bluffs; and
6. Any beach or between the sea and first public road paralleling the sea, unless
personal wireless service facilities are collocated on an existing utility tower within a
utility easement area, or collocated on an existing facility; or other existing building.
21.49.050 General Development and Design Standards.
A. General Criteria. All personal wireless service facilities shall employ design techniques
to minimize visual impacts and provide appropriate screening to result in the least visually
intrusive means of providing the service. Such techniques shall be employed to make the
installation, appearance and operations of the facility as visually inconspicuous as practicable.
To the greatest extent feasible, facilities shall be designed to minimize the visual impact of the
facility by means of location, placement, height, screening, landscaping, and shall be
compatible with existing architectural elements, building materials, other building
characteristics, and the surrounding area.
B. In addition to the other design standards of this section, the following criteria shall be
considered by the review authority in connection with its processing of any coastal development
permit for a personal wireless service facility:
1. Blending. The extent to which the proposed personal wireless service facility blends
into the surrounding environment or is architecturally compatible and integrated into
the structure.
2. Screening. The extent to which the proposed personal wireless service facility is
concealed or screened by existing or proposed new topography, vegetation,
buildings or other structures.
3. Size. The total size of the proposed personal wireless service facility, particularly in
relation to surrounding and supporting structures.
4. Location. Proposed personal wireless service facilities shall be located so as to
utilize existing natural or manmade features in the vicinity of the facility, including
topography, vegetation, buildings, or other structures to provide the greatest amount
of visual screening and blending with the predominant visual backdrop. Personal
wireless service facilities shall be sited outside any environmentally sensitive habitat
area, wetland, or bluff and sited such that they have no adverse impact on public
access and recreation.
5. Collocation. In evaluating whether the collocation of a personal wireless service
facility is feasible, the criteria listed in subsections (A)(1) through (4) of this section
shall be used to evaluate the visual effect of the combined number of facilities at the
proposed location.
C. Public View Protection. All new or modified personal wireless service facilities, whether
approved by administrative or discretionary review, shall comply with Section 21.30.100
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(Scenic and Visual Quality Protection). In general, personal wireless service facilities shall be
located outside any public viewshed to or along the ocean, bay, beach or coastal bluffs.
Additionally, potential impacts from a new or modified personal wireless service facility to public
views that are not identified by the Coastal Land Use Plan shall be evaluated to determine if
inclusion in the Coastal Land Use Plan would be appropriate. If deemed appropriate for
inclusion, the potential impacts to such public views shall be considered.
D. Height.
1. The Planning Commission or City Council may approve or conditionally approve a
coastal development permit for a personal wireless service facility that exceeds the
maximum height limit for the coastal zoning district in which the facility is located;
provided, it does not exceed the maximum height limit by fifteen (15) feet, only after
making all of the required findings in Section 20.49.100(C) (Required Findings for
Personal Wireless Service Facilities).
2. All personal wireless service facilities shall comply with height restrictions or
conditions, if any, required by the Federal Aviation Administration.
3. Personal wireless service facilities installed on streetlights, utility poles, utility towers
or other similar structures within the public right-of-way shall not exceed thirty-five
(35) feet in height above the finished grade.
4. Personal wireless service facilities may be installed on existing utility poles or utility
towers that exceed thirty-five (35) feet above the finished grade where the purpose
of the existing utility pole or utility tower is to carry electricity or provide other wireless
data transmission; provided, that the top of the proposed antennas do not extend
above the top of the utility pole or utility tower.
5. Personal wireless service facilities disguised as flagpoles may be installed provided
they meet applicable height limits for flagpoles provided in Section 21.30.060.
E. Setbacks. Proposed personal wireless service facilities shall comply with the required
setback established by the development standards for the coastal zoning district in which the
facility is proposed to be located. Setbacks shall be measured from the part of the facility
closest to the applicable lot line or structure.
F. Design Techniques. Design techniques shall result in the installation of a personal
wireless service facility that is in harmony and scale with the surrounding area, screens the
installation from view, and prevents the facility from visually dominating the surrounding area.
Design techniques may include the following:
1. Screening elements to disguise or otherwise hide the personal wireless service
facility from view from surrounding uses.
2. Painting and/or coloring the personal wireless service facility to blend into the
predominant visual backdrop.
3. Siting the personal wireless service facility to utilize existing features (such as
buildings, topography, vegetation, etc.) to screen or hide the facility.
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4. Utilizing simulated natural features (trees, rocks, etc.) to screen or hide the personal
wireless service facility.
5. Providing personal wireless service facilities of a size that, as determined by the City,
is not visually obtrusive such that any effort to screen the facility would create greater
visual impacts than the facility itself.
6. To the greatest extent practicable, new Class 4 facilities shall be designed and sited
to facilitate the collocation of one additional permittee.
G. Screening Standards. For collocation installations, the screening method shall be
materially similar to those used on the existing personal wireless service facility and shall not
diminish the screening of the facility. If determined necessary by the review authority, use of
other improved and appropriate screening methods may be required to screen the antennas
and support equipment from public view. The following is a nonexclusive list of potential design
and screening techniques that must be considered for all facility installations:
1. Class 1 (Stealth/Screened) Installations.
a. All personal wireless service facility components, including all antennas, antenna
panels, cables, wires, conduits, mounting brackets, and support equipment, shall
be fully screened, and mounted either inside the building or structure, or behind
screening elements and not on the exterior face of the building or structure.
b. Screening materials shall match in color, size, proportion, style, and quality with
the exterior design and architectural character of the structure and the
surrounding visual environment. If determined necessary by the reviewing
authority, screening to avoid adverse impacts to views from land or buildings at
higher elevations shall be required.
c. When a personal wireless service facility is proposed within an existing or new
architectural feature such as a steeple, religious symbol, tower, cupola, clock
tower, sign tower, etc., the facility shall be architecturally compatible with the
existing structure or building.
2. Class 2 (Visible) Installations.
a. Building- or structure-mounted antennas shall be painted or otherwise coated to
match or complement the predominant color of the structure on which they are
mounted and shall be compatible with the architectural texture and materials of
the building to which the antennas are mounted. No cables, wires, conduits,
mounting brackets or any other associated support equipment shall be visible.
b. All antenna components and support equipment shall be treated with exterior
coatings of a color and texture to match the predominant visual background
and/or adjacent architecture so as to visually blend in with the surrounding
development. Subdued colors and nonreflective materials that blend with
surrounding materials and colors shall be used.
3. Class 3 (Public Right-of-Way) Installations.
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a. Whenever feasible, new antennas proposed to be installed in the public right-of-
way shall be placed on existing utility structures, streetlights, or other existing
vertical structures. Antenna installations on existing or replacement streetlight
poles or utility poles shall be screened by means of canisters, radomes, shrouds
other screening measures whenever feasible, and treated with exterior coatings
of a color and texture to match the existing pole.
b. New or replacement vertical structures may be allowed when authorized by this
Code and approved by the Public Works Department. Replacement poles or
streetlights shall be consistent with the size, shape, style, and design of the
existing pole, including any attached light arms. New poles or streetlights may be
installed, provided they match existing or planned poles within the area.
c. If antennas are proposed to be installed without screening, they shall be flush-
mounted to the pole and shall be treated with exterior coatings of a color and
texture to match the pole.
4. Class 4 (Freestanding Structure) Installations.
a. The installation of new lattice towers or monopoles with visible antennas or
antenna arrays is strongly discouraged due to the visual effects of such facilities.
Preferred monopole designs include fully screened antennas without visible
brackets, cables, or conduits. Additionally, any lattice tower or monopole should
be sited in the least obtrusive location as practicable.
b. The construction of new freestanding structures such as signs, monoliths,
pyramids, lighthouses, or other similar vertical structures shall be designed and
sited to appropriately complement a site and screen all elements of the personal
wireless service facility.
c. The installation of artificial rocks shall match in scale and color with other rock
outcroppings in the general vicinity of the proposed site. An artificial rock screen
may not be considered appropriate in areas that do not have natural rock
outcroppings.
d. The installation of artificial trees or shrubbery is strongly discouraged if they are
obviously not natural to the average reasonable observer. When an artificial tree
or shrubbery is proposed, it shall be designed for and located in a setting that is
compatible with the proposed screening method. Such installations shall be
situated so as to utilize existing natural or manmade features including
topography, vegetation, buildings, or other structures to provide the greatest
amount of visual screening. All antennas and antenna supports shall be
contained within the canopy of the tree design or other vegetation comparable to
that being replicated by the proposed screening elements. Finally, the addition of
new comparable living vegetation may be necessary to enhance the artificial tree
or shrubbery screening elements.
e. Flagpoles shall not exceed twenty-four (24) inches in width at the base of the
flagpole and also shall not exceed twenty (20) inches in width at the top of the
flagpole.
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5. Class 5 (Temporary) Installations. A temporary personal wireless service facility
installation may require screening to reduce visual impacts depending on the
duration of the permit and the setting of the proposed site. If screening methods are
determined to be necessary by the review authority, the appropriate screening
methods will be determined through the application review and permitting process in
consideration of the temporary nature of the facility.
6. Support Equipment. All support equipment associated with the operation of any
personal wireless service facility shall be placed or mounted in the least visually
obtrusive location practicable, and shall be screened from view.
a. Installations on Private Property. The following is a nonexclusive list of potential
screening techniques for personal wireless service facilities located on private
property:
i. Building-Mounted Personal Wireless Service Facilities. For building- or
structure-mounted antenna installations, support equipment for the facility
may be located inside the building, in an underground vault, or on the roof
of the building that the facility is located on; provided, that both the
equipment and any screening materials are architecturally compatible and/or
painted the color of the building, roof, and/or surroundings thereby providing
screening.
ii. Roof-Mounted Personal Wireless Service Facilities. All screening materials
for roof-mounted facilities shall be of a quality and design compatible with
the architecture, color, texture and materials of the building to which they are
mounted. If determined necessary by the review authority, screening to
avoid adverse impacts to views from land or buildings at higher elevations
shall be required.
iii. Freestanding Personal Wireless Service Facilities. For freestanding facilities
installations, not mounted on a building or structure, support equipment for
the facility may be visually screened by locating the support equipment in a
fully enclosed building, in an underground vault, or in a security enclosure
consisting of walls and/or landscaping to effectively screen the support
equipment at the time of installation.
iv. All wall and landscaping materials shall be selected so that the resulting
screening will be visually integrated with the architecture and landscape
architecture of the surroundings.
v. Screening enclosures may utilize graffiti-resistant and climb-resistant vinyl-
clad chain link with a “closed-mesh” design (i.e., one-inch gaps) or may
consist of an alternate enclosure design approved by the review authority.
In general, the screening enclosure shall be made of nonreflective material
and painted to blend with surrounding materials and colors.
vi. If placed in an underground vault, flush-to-grade vents, or alternatively, vents
that extend no more than twenty-four (24) inches above the finished grade
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and are screened from public view may be utilized.
b. Installations in a Public Right-of-Way. The following is a nonexclusive list of
potential screening techniques for personal wireless service facilities located in a
public right-of-way:
i. Where existing utilities services (e.g., telephone, power, cable TV) are
located underground, the support equipment shall be placed underground if
required by other provisions of this Code. Flush-to-grade underground vault
enclosures, including flush-to-grade vents, or vents that extend no more than
twenty-four (24) inches above the finished grade and are screened from
public view, may be incorporated. Electrical meters required for the purpose
of providing power for the proposed personal wireless service facility may
be installed above ground on a pedestal in a public right-of-way provided
they meet applicable standards of Title 13 unless otherwise precluded by
this Code.
ii. Support equipment approved to be located above ground in a public right-
of-way shall be painted or otherwise coated to be visually compatible with
the existing or replacement pole, lighting and/or traffic signal equipment
without substantially increasing the width of the structure.
iii. All transmission or amplification equipment such as remote radio units,
tower-mounted amplifiers, and surge suppressors shall be mounted inside
the utility or streetlight pole without materially increasing the pole diameter
or shall be installed in the vault enclosure supporting the facility.
H. Night Lighting. Personal wireless service facilities shall not be lighted except for security
lighting at the lowest intensity necessary for that purpose or as may be recommended by the
United States Flag Code (4 U.S.C. Section 1 et seq.). Such lighting shall be shielded so that
direct illumination does not directly shine on nearby properties or upon any ocean, beach, bay,
environmentally sensitive habitat area or wetland. The review authority shall consult with the
Police Department regarding proposed security lighting for facilities on a case-by-case basis.
I. Signs and Advertising. No advertising signage or identifying logos shall be displayed on
any personal wireless service facility except for small identification, address, warning, and
similar information plates. Such information plates shall be identified in the personal wireless
service application and shall be subject to approval by the review authority. Signage required
by State or Federal regulations shall be allowed in its smallest permissible size.
J. Nonconformities. A proposed or modified personal wireless service facility shall not
create any new or increased nonconformity as defined in this Implementation Plan, such as,
but not limited to, a reduction in and/or elimination of required parking, landscaping, or loading
zones unless relief is sought pursuant to applicable Zoning Code procedures.
K. Maintenance. The permittee shall be responsible for maintenance of the personal
wireless service facility in a manner consistent with the original approval of the facility, including
but not limited to the following:
1. Any missing, discolored, or damaged screening shall be restored to its original
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permitted condition.
2. All graffiti on any components of the personal wireless service facility shall be
removed promptly in accordance with this Code.
3. All landscaping required for the personal wireless service facility shall be maintained
in a healthy condition at all times, and shall be promptly replaced if dead, dying, or
damaged.
4. All personal wireless service facilities shall be kept clean and free of litter.
5. All equipment cabinets shall display a legible contact number for reporting
maintenance problems to the permittee.
6. If a flagpole is used for a personal wireless service facility, flags shall be flown and
shall be properly maintained at all times.
L. Prior Coastal Development Permit. Any proposed personal wireless service facility shall
comply with the terms and conditions of any previously authorized coastal development permit
that remains in effect.
21.49.060 Modification and Collocation of Existing Facilities.
A. Notwithstanding any provision in this chapter, a request to modify an existing facility that
involves the collocation of new transmission equipment, the removal of existing transmission
equipment, or the replacement of existing transmission equipment shall be subject to
administrative review and approval without processing any discretionary permit provided that
such modification does not substantially change the existing facility from the original permit for
the facility.
B. Each application submitted under this section for a modification or collocation to an
existing personal wireless service facility shall be accompanied by:
1. A detailed description of the proposed modifications to the existing personal wireless
service facility(ies);
2. A photograph or description of the personal wireless service facility as originally
constructed, if available; a current photograph of the existing facility; and, a graphic
depiction of the facility after modification showing all relevant dimensions;
3. A detailed description of all construction that will be performed in connection with the
proposed modification; and
4. A written statement signed and stamped by a professional engineer, licensed and
qualified in California, attesting that the proposed modifications do not constitute a
substantial change of the existing permitted facility.
C. Any permit issued will be conditioned upon the accuracy of the application, and may be
revoked, and the personal wireless service facility shall be removed and restored to its pre-
modification condition if any material statement made with respect to the facility application is
false or the modifications as actually made would have required a discretionary review had the
plan for the facility accurately depicted the modifications.
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Draft NBMC Chapter 13.22
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1
CHAPTER 13.22
PERSONAL WIRELESS SERVICE FACILITIES IN THE PUBLIC RIGHT-OF- WAY
Sections:
13.22.010. Purpose.
13.22.020. Definitions.
13.22.030. Applicability.
13.22.040. Departmental Standards, Forms, and Other Regulations.
13.22.050. Permits Required.
13.22.060. Permit Applications.
13.22.070. Applications Deemed Withdrawn.
13.22.080. Fees.
13.22.090. Wireless Facility Permit Applications.
13.22.100. 6409(a) Permit Applications.
13.22.110. Limited Exception for Wireless Facility Permits Applications.
13.22.120. Permit Expiration and Deadlines.
13.22.130. Radio Frequency Exposure Monitoring Requirements.
13.22.140. Maintenance Standards.
13.22.150. Termination for Public Benefit.
13.22.160. Revocation or Modification.
13.22.170. Expert Assistance.
13.22.180. Deemed Approved.
13.22.190. Abandonment.
13.22.200. Preservation of City Rights.
13.22.210. Removal and Restoration.
13.22.220. Insurance and Bond.
13.22.230. Indemnity.
13.22.240. Emergency Deployment.
13.22.250. Location and Deployment Preferences.
13.22.260. Appeals.
13.22.270. Effect on Other Ordinances.
13.22.010. Purpose.
The purpose of this chapter is to establish reasonable and uniform standards and
procedures for personal wireless service facilities deployment, construction, installation,
collocation, modification, operation, relocation, and removal within the public right-of-
way, consistent with and to the extent permitted under federal and state law. The
regulations set forth in this chapter are intended and shall be applied to protect and
promote public health, safety, and welfare; retain the aesthetic character of the City; and
ensure that residents, visitors, businesses, and government services in the City have
reliable access to the state-of-the-art wireless telecommunications networks. This
chapter addresses batch processing standards for substantially similar broadband
projects.
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This chapter is not intended to, nor shall it be interpreted or applied to:
A. Prohibit or effectively prohibit any personal wireless service provider’s ability to
provide personal wireless services;
B. Prohibit or effectively prohibit any personal wireless service provider’s ability to
provide any interstate or intrastate telecommunications service, subject to any
competitively neutral and nondiscriminatory rules or regulations;
C. Unreasonably discriminate among providers of functionally equivalent services;
D. Deny any request for authorization to place, construct or modify personal wireless
service facilities on the basis of environmental effects of radio frequency emissions to the
extent that such facilities comply with the FCC’s regulations concerning such emissions;
E. Prohibit any collocation or modification that the City may not deny under federal or
state law; or
F. Otherwise authorize the City to preempt any applicable federal or state law or
regulation.
13.22.020. Definitions.
The abbreviations, phrases, terms, and words shall have the meanings assigned to them
in this section. If any definition assigned to any phrase, term, or word in this section
conflicts with any federal or state-mandated definition, the federal or state-mandated
definition shall control.
“Accessory equipment” means any equipment serving or being used in conjunction with
antennas that have been established for the purpose of providing personal wireless
services up to the point of connection with a larger fiber optic or power network.
This equipment includes, but is not limited to, utility or transmission equipment, power
supplies, generators, batteries, cables, wires, conduits, equipment buildings, cabinets,
storage sheds, shelters, vaults, or other structures.
“Antenna” means the same as defined in 47 CFR Section 1.6002(b), as may be amended
or superseded, which currently defines the term as an apparatus designed for the
purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a
fixed location pursuant to Commission authorization, for the provision of personal
wireless service and any commingled information services. For purposes of this
definition, the term antenna does not include an unintentional radiator, mobile station, or
device authorized under 47 CFR Part 15.
“Applicant” means an entity that possesses the appropriate legal authority to construct,
install, modify, collocate, relocate, or otherwise deploy personal wireless service facilities
in the public right-of-way.
“Base station” means the same as defined in 47 CFR Section 1.6100(b)(1), as may be
amended or superseded, which currently defines that term as structure or equipment at
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3
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 in 47 C.F.R. 1.6100(b)(9) or any equipment associated with a tower.
The term includes, but is not limited to, 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.
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). 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 47 C.F.R. § 1.6100(b)(1)(i)-(ii) 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. 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 47 C.F.R. § 1.6100(b)(1)(i)-(ii).
“Code” means the Newport Beach Municipal Code.
“Day” shall mean one calendar day unless specifically set out in this chapter.
“Existing” means the same as defined in 47 CFR Section 1.6100(b)(5), as may be
amended.
“Eligible facilities request” means the same as defined in 47 CFR Section 1.6100(b)(3),
as may be amended, which currently defines that term as any 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) collocation of new transmission
equipment; (ii) removal of transmission equipment; or (iii) replacement of transmission
equipment.
“FCC” means the Federal Communications Commission or its duly appointed successor
agency.
“Laws” mean any and all applicable Federal, State and local ordinances, resolutions,
regulations, administrative orders, or other legal requirements.
“Master license agreement” means a contractual agreement between the City, acting in
its proprietary capacity, and an applicant that establishes the uniform terms, conditions,
and procedures governing the use of City property or infrastructure within the public right-
of-law to construct, install, modify, collocate, relocate, or otherwise deploy personal
wireless service facilities.
“Modify” means changing an existing personal wireless service facility in any manner.
This includes, but is not limited to, increases to the power output of the personal wireless
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service facility and physical changes to the personal wireless service facility.
“Permittee” means the owner of a personal wireless service facility that has obtained
permission through issuance of a wireless facility permit or 6409(a) applicant to construct,
install, modify, collocate, relocate, or otherwise deploy personal wireless service facilities
in the public right-of-way. Said owner shall possess the appropriate legal authority to
construct, install, modify, collocate, relocate, or otherwise deploy personal wireless
service facilities in the public right-of-way.
“Person” means an individual or legal entity that is recognized by law as the subject of
rights and duties.
“Personal wireless services” means the same as defined in 47 USC Section
332(c)(7)(C)(i), as may be amended, which currently defines the term as commercial
mobile services, unlicensed wireless services, and common carrier wireless exchange
access services.”
“Personal wireless service facility(ies)” or “facility(ies)” means the same as defined in 47
USC Section 332(c)(7)(C)(ii), as may be amended, which currently defines the term as
facilities that provide personal wireless services.
“Public right-of-way” means the same as defined in Section 13.20.20 of this Code, which
currently defines the term as the improved or unimproved surface of and the space above
and below a City easement for public utility purposes, or street, or similar public way of any
nature, dedicated or improved for vehicular, bicycle, and/or pedestrian related use now or
hereafter held by City, however acquired.
“Public Works Director” means the Public Works Director or his or her designee.
“Section 6409(a)” means Section 6409(a) of the Middle Class Tax Relief and Job
Creation Act, Pub. L. No. 112-96, 126 Stat. 156 (Feb. 22, 2012), codified as 47 USC
Section 1455(a), as amended.
“Section 6409(a) approval” means the City’s formal authorization granted for an
applicant’s eligible facilities request.
“Site” means the same as 47 CFR Section 1.6100(b)(6), as amended.
“Substantial change” or “substantially change the physical dimensions” means the same
as interpreted by applicable courts and in 47 CFR Section 1.6100(b)(7), as amended,
which currently states that a modification substantially changes the physical dimensions
of an eligible support structure if it 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
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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).
“Substantially similar” means sites that are nearly 95% identical to another broadband
project in terms of equipment and general design, but not in terms of location, as
determined by the Public Works Director in their reasonable discretion and subject to
applicable law regulating broadband projects.
“Tower” means the same as defined in 47 CFR Section 1.6001(b)(9), as amended, which
currently defines the term as any structure built for the sole or primary purpose of
supporting any Commission-licensed or authorized antennas and their associated
facilities, including structures that are constructed for wireless communications 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,
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and the associated site.
“Transmission equipment” means the same as defined in 47 CFR Section 1.6100(b)(8),
as amended, which currently defines the term as equipment that facilitates transmission for
any Commission-licensed or authorized wireless communication 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 communications
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.
“Unlicensed wireless service” means the same as defined in 47 USC Section
332(c)(7)(C)(iii), as amended which currently defines the term as the offering of
telecommunications services using duly authorized devices which do not require individual
licenses, but does not mean the provision of direct-to-home satellite services (as defined in
Section 303(v) of Title 47 of the USC.
“Wireless Telecommunications Encroachment Permit” means a temporary authorization
granting the right to utilize a limited portion of the public right-of-way for the installation of a
personal wireless facility, as approved under a valid Wireless Facility Permit.
“Wireless Facility Permit” means a written authorization (in electronic or hard copy format)
to install a personal wireless service facility at a specific location(s) in the City’s public
right-of-way. A permit may consist of an agreement between the applicant and the City to
install and maintain one or more personal wireless service facilities in or on any property,
building, facility or other structure in the City.
13.22.030. Applicability.
This chapter applies to all personal wireless service facilities in any public right-of-way as
follows:
A. All facilities for which applications were not approved prior to the effective date of
this chapter shall be subject to and comply with all provisions of this chapter; and
B. All facilities, notwithstanding the date approved, shall be subject immediately to:
1. Section 13.22.130 Radio frequency exposure monitoring requirements;
2. Section 13.22.140 Maintenance standards;
3. Section 13.22.190 Abandonment;
4. Section 13.22.210 Removal and restoration;
5. Section 13.22.220 Insurance and bond; and
6. Section 13.22.230 Indemnity.
C. Exempt Facilities. Notwithstanding any other portion of this Section 13.22.030
(“Applicability”), the provisions in this chapter shall not be applicable to:
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1. Personal wireless service facilities or equipment owned and operated by
California Public Utilities Commission-regulated electric companies for use in
connection with electrical power generation, transmission, and distribution
facilities subject to California Public Utilities Commission General Order 131-E,
as may be amended;
2. Personal wireless service facilities that are constructed for City use or by the
City to exclusively provide unlicensed wireless services, such as Wi-Fi;
3. Personal wireless service facilities that are installed or operated under the
direction of the City or a City contractor;
4. Personal wireless service facilities that are for the purpose of wireless-based
reading of water, gas, or electric meters;
5. Amateur radio facilities;
6. Over the Air Reception Devices (“OTARD”) antennas;
7. Any entity legally entitled to an exemption pursuant to state or federal law or
governing franchise agreement; and
8. Any personal wireless service facility to the extent that the City’s exercise of its
authority under this chapter is preempted by, or would otherwise violate,
applicable federal or state law, provided that the Public Works Director has
determined that the personal wireless service facility has been designed to
minimize the extent of the non-conformity with the Code.
13.22.040. Departmental Standards, Forms, and Other Regulations.
The City Council authorizes the Public Works Director to develop and publish a Public
Right-of-Way Personal Wireless Service Facility Standards and Regulations document
to supplement the regulations set forth in this chapter. In addition, the City Council
authorizes the Public Works Director to develop and publish permit application forms,
checklists, informational handouts, and other related materials for this chapter. Without
further authorization from the City Council, the Public Works Director may from time to
time update and alter the Public Right-of-Way Wireless Service Facility Standards and
Policies, permit application forms, checklists, informational handouts, and other related
materials as the Public Works Director deems necessary or appropriate. The City Council
further authorizes the Public Works Director to establish other reasonable rules and
regulations, which may include, without limitation, regular hours for appointments with
applicants and/or submittals without appointments, and inspection procedures, as the
Public Works Director deems necessary or appropriate to organize, document, and
manage the application, permitting, construction, and other processes related to personal
wireless service facilities. All such rules and regulations must be in written form and
posted on the City’s website.
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13.22.050. Permits Required.
A. Wireless Facility Permit. A wireless facility permit is required to construct, install,
modify, collocate, relocate, or otherwise deploy a personal wireless service facility in the
public right-of-way except eligible facilities requests regulated pursuant to Section
13.22.030(B) of this chapter. In the coastal zone, in addition to a wireless facility permit,
a coastal development permit or de minimis waiver may be required for the deployment
of personal wireless services facilities pursuant to Chapters 21.49 and 21.52.
B. Master License Agreement. Personal wireless service facilities installed,
maintained and operated in compliance with the terms and conditions of a master license
agreement template approved by the City Council are exempt from the requirement to
obtain a Wireless Facility Permit pursuant subsection (A) of this section. The personal
wireless facilities subject to the master license agreement shall comply with all other
provisions of this chapter.
C. Wireless Telecommunications Encroachment Permit. No work in the public right-
of-way shall occur unless a wireless telecommunications encroachment permit has been
properly issued, and only the work described therein shall occur.
D. Other Permits and Regulatory Approvals. In addition to any permit required under
this chapter, the applicant must obtain and comply with all other required authorizations
and permits and all other regulatory approvals from all City departments, and State and
Federal agencies.
E. Proprietary Approvals. Nothing in this chapter shall be deemed to waive any
required proprietary approvals for siting of personal wireless service facilities on privately
or publicly owned property or improvements.
F. Non-Exclusive Grant. No permit or approval granted under this chapter shall confer
any exclusive right, privilege, license or franchise to occupy or use the public right-of-way
of the City for any purpose whatsoever. Further, no approval shall be construed as any
warranty of title.
13.22.060. Permit Applications.
A. Application Requirement. Except as provided in subsection (C) of this section, the
City shall not accept, approve, or deny any personal wireless service facility subject to
this chapter except upon a duly filed application pursuant to this chapter and the Public
Right-of-Way Personal Wireless Service Facility Standards and Regulations.
B. Application Form. The Public Works Director shall develop and from time to time
revise the application form. The current application form shall be published by being
available in paper form at the public works counter. Additionally, the form may be
published on the City’s web site.
C. Batch Applications. Applicants may submit one batched application at a time,
consisting of a maximum of fifty (50) separate personal wireless service facilities
applications. Each application in a batch must meet all the requirements for a complete
application, which includes without limitation the application fee for each application in the
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batch and the submittal of separate materials for each facility. Any application that is
determined to be incomplete shall be deemed withdrawn in accordance with Section
13.22.070 of this chapter. Applicants may not submit an additional or subsequent batched
application until the prior batched application has been denied, deemed withdrawn, or
approved.
D. Wireless Telecommunications Encroachment Permit Applications. An application
for a wireless telecommunications encroachment permit shall comply with the procedures
stated in this section, and an application may be presented in person at any time that the
Public Works counter is open to the public.
13.22.070. Applications Deemed Withdrawn.
If an application is deemed incomplete, the City shall notify the applicant as to what
information is needed to deem the application complete. The applicant must provide all
requested information within sixty (60) days of being notified by the City that the
application is incomplete or the application shall be deemed withdrawn without prejudice
by the applicant. If the applicant delivers to the City a written request prior to the
sixtieth (60) day to extend the response time, the Public Works Director may grant a
written extension where the applicant provides good cause to grant the extension. The
extension, if granted, may be for up to an additional thirty (30 )calendar days. No
additional extensions shall be granted.
13.22.080. Fees.
The City Council may approve by resolution a Fee Schedule that establishes cost-based
fees for permits, consulting costs, inspections, enforcement, amendments, noticing,
informational materials, penalties, copies, and other such items as required by this
chapter. These fees may be amended by the City Council.
13.22.090. Wireless Facility Permit Applications.
A. Decision Notices. Within five (5) days after the Public Works Director approves,
conditionally approves, or denies a wireless facility permit application, the Public Works
Director shall transmit a written determination to the applicant at the email address
provided on the application. The Public Works Director shall also post the written
determination on the City’s website. For any denial notice, the Public Works Director shall
include the reasons for the denial either in the notice or as a separate written document,
and shall also place a copy of the denial notice in the written administrative record for the
project.
B. Required Determinations for Approval. The Public Works Director shall only
approve or conditionally approve a duly filed application for a wireless facility permit if the
Public Works Director determines that the project, as submitted or modified, conforms to
all the following criteria:
1. The proposed personal wireless service facility complies with all applicable
requirements described in this chapter and in the Public Right-of-Way Personal
Wireless Service Facility Standards and Regulations; and
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2. The proposed personal wireless service facility complies with all other laws,
including, without limitation, State and Federal law.
The inability to make one or more of the findings required in this chapter is grounds for
denial of an application.
C. Conditional Approvals. The Public Works Director may impose any reasonable
condition or conditions on any wireless facility permit, related and proportionate to the
subject matter in the application, as the Public Works Director deems necessary or
appropriate for the preservation of public health and safety.
13.22.100. 6409(a) Permit Applications.
A. Decision Notices. Within five (5) days after the Public Works Director approves,
conditionally approves, or denies a 6409(a) permit application, the Public Works Director
shall transmit a written determination to the applicant at the email address provided on
the application. Additionally, within five (5) days after the Public Works Director approves,
conditionally approves, or denies a 6409(a) permit application, the Public Works Director
shall post the written determination on the City’s website. For any denial notice, the Public
Works Director shall include the reasons for the denial either in the notice or as a separate
written document.
B. Required Determinations for Approval. The Public Works Director shall only
approve or conditionally approve a duly filed application for a 6409(a) permit if the Public
Works Director determines that the project, as submitted or modified, conforms to all the
following criteria:
1. The proposed personal wireless service facility complies with all applicable
requirements described in this chapter and in the Public Right-of-Way Personal
Wireless Service Facility Standards and Regulations;
2. The proposed personal wireless service facility complies with all other laws,
including, without limitation, State and Federal law;
3. The 6409(a) permit application constitutes an eligible facilities request; and
4. The 6409(a) permit application does not substantially change the physical
dimensions of a wireless tower or base station.
The inability to make one or more of the determinations required in this chapter is grounds
for denial of an application.
C. Conditional Approvals. As permitted by law, the Public Works Director may impose
conditions on any 6409(a) permit for the preservation of public health and safety.
13.22.110. Limited Exception for Wireless Facility Permits Applications.
The Public Works Director shall not grant any limited exception for a wireless facility
permit application pursuant to this section unless the Public Works Director finds all the
following:
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A. The proposed facility qualifies as a personal wireless service facility as defined in
this chapter;
B. The applicant has provided the Public Works Director with a reasonable and clearly
defined technical service objective to be achieved by the proposed facility;
C. The applicant has provided the Public Works Director with a written statement that
contains a detailed and fact-specific explanation as to why the proposed facility cannot
be deployed in compliance with the applicable provisions in this chapter and the Code,
including the Public Right-of-Way Personal Wireless Service Facility Standards and
Regulations;
D. The applicant has provided the Public Works Director with a meaningful
comparative analysis with the factual reasons why all alternative locations and/or designs
identified in the administrative record (whether suggested by the applicant, the City, or
any other source) are not technically feasible or potentially available to reasonably
achieve the applicant's reasonable and clearly defined technical service objective(s) to
be achieved by the proposed facility; and
E. The applicant has demonstrated that the proposed location and design is the least
non-compliant configuration that shall reasonably achieve the applicant's reasonable and
clearly defined technical service objective(s) to be achieved by the proposed facility,
which includes, without limitation, a meaningful comparative analysis into multiple smaller
or less intrusive facilities dispersed throughout the intended service area.
13.22.120. Permit Expiration and Deadlines.
A. Wireless Facility Permits and 6409(a) Approval.
1. Expiration. Unless a shorter period is permitted or preempted by law, a wireless
facility permit or 6409(a) approval for any personal wireless service facility shall
be valid for a period of ten (10) years from the date of issuance, unless such
permit is terminated pursuant to Section 13.22.150, revoked pursuant to
Section 13.22.160, or becomes null and void pursuant to subsection (A)(3) of
this section. At the end of ten (10) years from the date of issuance, such permit
or 6409(a) approval shall automatically expire.
2. Permit Renewal. A permittee may apply for a new wireless facility permit or
6409(a) approval renewal no earlier than eighteen (18) months nor later than
six (6) months prior to expiration of the expiring permit or 6409(a) approval.
Said application and proposal shall comply with the City’s code and application
requirements in effect at the time of said application.
3. Time to Obtain Wireless Telecommunications Encroachment Permit. For any
wireless facility permit or 6409(a) approval granted under this chapter, the
permittee shall obtain a wireless facility encroachment permit to perform the
work within one hundred eighty (180) days of issuance of the wireless facility
permit or 6409(a) approval. Failure to obtain a wireless facility encroachment
permit pursuant to this Section 13.22.120(A)(3) shall automatically render the
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wireless facility permit or 6409(a) approval null and void.
B. Wireless Facility Encroachment Permit.
1. Time to Commence Work. For any wireless facility encroachment permit
granted under this chapter, the permittee shall commence work within one (1)
calendar year from the date of issuance of this permit.
2. Time to Complete. The permittee shall complete work within one hundred
eighty days (180) from the date of commencing work pursuant to subsection
(B)(1) of this section.
3. Extensions. The Public Works Director may grant up to a maximum of three
written extensions of time from the stated periods in subsections (B)(1) and
(B)(2) of this section where the permittee provides good cause to grant the
extension. An extension, if granted, may be for up to an additional sixty (60)
days.
4. Expiration. Where a permittee of a wireless telecommunications encroachment
permit fails to comply with this section, the permit shall automatically expire.
5. Permit Renewal. Before any work authorized under an expired wireless
telecommunications encroachment permit can be recommenced, the permittee
shall file an application for a wireless facility permit renewal or 6409(a) approval
renewal pursuant to the Public Right-of-Way Wireless Facility Standards and
Regulations. Renewal permits or 6409(a) approval renewals shall be subject to
a renewal fee and the Public Right-of-Way Wireless Facility Standards and
Policies in effect at the time of filing for the renewal.
13.22.130. Radio Frequency Exposure Monitoring Requirements.
A. FCC Compliance. The City shall not approve any permit that does not demonstrate
planned compliance with the FCC’s regulations concerning radio frequency exposure.
B. Pre-Installation Reporting. As part of any application required under this chapter,
the applicant shall provide to the City a radio frequency electromagnetic energy report
pursuant to the requirements set forth in the Public Right-of-Way Personal Wireless
Service Facility Standards and Regulations.
C. Post-Installation Certification. Within thirty days (30) of commencing operation of
a new or modified personal wireless service facility, the permittee shall provide to the
Public Works Director a post-installation certification confirming, under penalty of perjury,
that the actual emissions from the personal wireless service facility do not exceed that
disclosed in the pre-installation report submitted pursuant to subsection (B) of this section.
13.22.140. Maintenance Standards.
All personal wireless service facilities must comply at all times with the following
maintenance standards:
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A. All personal wireless service facilities shall be maintained in good condition,
including ensuring the facilities are reasonably free of:
1. General dirt and grease;
2. Chipped, faded, peeling, and cracked paint;
3. Rust and corrosion;
4. Cracks, dents, and discoloration;
5. Missing, discolored, or damaged camouflage;
6. Graffiti, bills, stickers, advertisements, litter, and debris;
7. Broken and misshapen structural parts; and
8. Any damage from any cause.
B. Each personal wireless service facility shall be maintained at all times in compliance
with all laws.
C. Within thirty (30) days of the anniversary date of the permit, each owner of a personal
wireless service facility shall routinely inspect each site to ensure compliance with
the standards set forth in this section and all conditions of approval.
13.22.150. Termination for Public Benefit.
Every permit granted under this chapter may be terminated upon twelve (12) months’
prior written notice to the permittee, or less time if in response to an urgent or emergency
situation as determined by the City, if the personal wireless service facility interferes or
will interfere with any public work of improvement that impacts the public right-of-way. If
a permit granted under this chapter is terminated pursuant to this section, any wireless
facility permit application for a new personal wireless service facility within five hundred
(500) feet of the terminated wireless facility permit that will act as a replacement for the
terminated wireless facility permit shall not be subject to site justification pursuant to
Section 13.22.250(B).
13.22.160. Revocation or Modification.
Any permit granted under this chapter may be revoked or modified for cause in
accordance with the provisions of this section.
A. Initiation. Revocation or modification proceedings may be initiated by the Public
Works Director.
B. Notification of Hearing. The permittee shall be notified by the Public Works Director
of the basis for the proposed revocation or modification and be provided a date and time
during which a hearing will be held not less than fourteen (14) days in advance of said
hearing.
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C. Required Findings for Revocation or Modification. The Public Works Director may
revoke or modify the permit if they make any of the following findings:
1. The applicant obtained the approval by means of fraud or misrepresentation of
a material fact;
2. The applicant has failed to construct, or has expanded or altered the permitted
facility in a manner that is inconsistent with that set forth in the permit;
3. The personal wireless service facility has not been operational for six (6)
months or more;
4. The permitted facility has failed to comply with any condition of a permit issued;
5. The permitted facility has failed to comply with any provision in this chapter;
6. A substantive change of State or Federal law or regulations materially affects
a permittee's authority to occupy or use the public right-of-way or the City's
ability to impose regulations relating to such occupation or use; or
7. The permitted facility is located on a utility pole or structure subject to removal
pursuant to a lawfully approved utility undergrounding district or other rule or
regulation.
D. Notice of Action. A written determination of revocation shall be sent via certified
mail to the permittee within five (5) days of such determination. Service by certified mail
shall be deemed completed at the time of deposit with the post office.
13.22.170. Expert Assistance.
Where the City determines that it requires the services of a consultant for expert
assistance in implementing this chapter or processing any application received
thereunder, the applicant shall deposit a fee equal to the estimated cost of the consultant’s
services to the City. The City may request additional deposits as reasonably necessary
to ensure sufficient funds are available to cover the reasonable costs in connection with
the consultant’s services. If the actual fees exceed the deposited fees, the applicant shall
pay the difference to the City. If the actual fees are less than the deposited fees, the
applicant shall be refunded for the difference from the City. No permit for an approved
project shall be issued if the applicant owes the City funds to fully reimburse the City for
its actual costs to process the application, including, without limitation, reimbursement
for the City's consultant costs.
13.22.180. Deemed Approved.
If an application is deemed approved by any rule of law or regulation, all applicable
requirements of this chapter, including those requirements set forth in the Public Right-
of-Way Personal Wireless Service Facility Standards and Regulations in effect at the
time of the deemed approval, and any other applicable laws, including, without limitation,
standard conditions of approval, shall automatically attach and apply as permit
conditions.
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13.22.190. Abandonment.
A. A personal wireless service facility that is considered abandoned pursuant to
Section 13.22.160(C)(3) shall be promptly removed and, as applicable, the area restored
to its prior condition at the permittee’s sole cost and expense within sixty (60) days after
abandonment.
B. If there are two or more users of a single facility, then the duty to remove the extra
equipment shall apply unless the Public Works Director determines that removal of the
abandoned personal wireless service facility would not be in the public interest.
C. The owner of a facility shall notify the City in writing of its intent to abandon or
cease use of a permitted site or a nonconforming site (including unpermitted sites) within
thirty (30) days of ceasing or abandoning use.
D. Failure to inform the Public Works Director of cessation of operations or
abandonment of any personal wireless service facility as required by this section shall
constitute a violation of any approvals and be grounds for:
1. Revocation or modification of the permit;
2. Acting on any bond or other assurance required by this article or conditions of
approval of the permit;
3. Removal of the facilities by the City at the owner's expense; and/or
4. Any other remedies permitted under this Code or by law.
13.22.200. Preservation of City Rights.
A. Overview. The City at all times reserves the right to take any action it deems
necessary, in its sole discretion, to repair, maintain, alter, or improve the public right-of-
way. Such actions may temporarily or permanently interfere with the personal wireless
service facility. The City shall in all cases, other than emergencies, give the applicant
written notification of such planned, non- emergency actions no fewer than fourteen (14)
days prior to such actions.
B. Summary Removal. If the Public Works Director determines that the condition or
placement of a personal wireless service facility located in the public right-of-way
constitutes a dangerous condition, obstruction of the public right-of- way, or an imminent
threat to public safety, or determines other exigent circumstances require immediate
corrective action (collectively, “exigent circumstances”), the Public Works Director may
cause the facility to be removed summarily and immediately without advance notice or a
hearing. Written notice of the removal shall include the basis for the removal and shall be
served upon the permittee and person who owns the facility within five (5) business days
of removal and all property removed shall be preserved for the owner’s pick-up as
feasible. If the owner cannot be identified following reasonable effort or if the owner fails
to pick-up the property within sixty (60) days, the facility shall be treated as abandoned
property subject to any disposal or reuse in the City’s sole discretion.
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C. Non-Liability for Removal. If the City removes a personal wireless service facility
pursuant to Section 13.22.200(B), any such removal shall be without any liability to the
City for any damage to such facility that may result from reasonable efforts of removal.
The City has no obligation to restore such facility. The permittee shall not have any claim
if the City removes a personal wireless service facility pursuant to Section 13.22.200(B).
13.22.210. Removal and Restoration.
A. General Provisions. Upon the expiration date of the permit, earlier termination or
revocation of the permit or abandonment of the facility, the permittee shall remove its
personal wireless service facility and restore the site to its natural condition except for any
improvements to be retained by the City at its discretion. Any such retained improvements
shall be purchased from the permittee for one dollar, and the parties will cooperate to
effectuate this provision. Removal shall be in accordance with proper health and safety
requirements and all ordinances, rules, and regulations of the City. The facility shall be
removed from the property, at no cost or expense to the City.
B. Failure of the permittee, owner, or operator to promptly remove its facility and
restore the property within sixty (60) days after expiration, earlier termination or revocation
of the permit, or abandonment of the facility, shall be a violation of this chapter. Upon a
showing of good cause, an extension may be granted by the Public Works Director where
circumstances are beyond the control of the permittee after expiration, earlier termination
or revocation of the permit, or abandonment of the facility. Further failure to abide by the
timeline provided in this section shall be grounds for:
1. Acting on any security instrument required by this chapter or conditions of
approval of permit;
2. Removal of the facilities by the City at the owner's expense; and/or
3. Any other remedies permitted under this Code or under State or Federal law.
13.22.220. Insurance and Bond.
A. Insurance. The permittee, including its agents and contractors, shall procure and
maintain in full force and effect as a condition of any permit granted under this chapter,
insurance pursuant to the requirements of the City’s Risk Manager.
B. Bond. Permittee shall pay for and provide a performance bond or other form of
security approved by the City Attorney’s Office, which shall be in effect until the personal
wireless service facility is fully and completely removed and the site reasonably returned
to its original condition, to cover permittee’s obligations under this chapter. The security
instrument coverage shall include, but not be limited to, removal of the facility. The amount
of the security instrument shall be calculated by the applicant in its submittal documents
in an amount rationally related to the obligations covered by the bond and pursuant to the
requirements set forth in the Public Right-of-Way Personal Wireless Service Facility
Standards and Regulations.
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13.22.230. Indemnity.
To the fullest extent permitted by law, the permittee shall indemnify, defend and hold
harmless City, its City Council, boards and commissions, officers, agents, volunteers,
employees and assigns (collectively, the “Indemnified Parties”) from and against any
and all: (1) claims (including, without limitation, claims for bodily injury, death or damage
to property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys’ fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, “Claims”), and which relate (directly or indirectly) to
the negligence, recklessness, or willful misconduct of the permittee or its principals,
officers, agents, employees, vendors, suppliers, subconsultants, subcontractors,
anyone employed directly or indirectly by any of them or for whose acts they may be
liable, or any or all of them; and (2) claims brought against the Indemnified Parties to
challenge, attack, seek to modify, set aside, void or annul the City’s approval of any
permit or regulatory approval authorized by the City under this chapter.
Notwithstanding the foregoing, nothing herein shall be construed to require the permittee
to indemnify the Indemnified Parties from any Claim arising from the sole negligence,
active negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorneys’ fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy limits
do not act as a limitation upon the amount of indemnification to be provided by the
Consultant.
If the City becomes aware of any claims, the City shall use best efforts to promptly notify
the permittee and shall reasonably cooperate in the defense. The permittee expressly
acknowledges and agrees 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 promptly reimburse the City for
any costs and expenses directly and necessarily incurred by the City in the course of the
defense.
13.22.240. Emergency Deployment.
In the event of an officially-declared Federal, State, or local emergency, or when
otherwise warranted by conditions that the City deems to constitute an emergency, the
Public Works Director, City Manager, or their designees may approve the installation
and operation of a temporary personal wireless service facility (e.g., a cell on wheels, or
"COW"), which is subject to such reasonable conditions that the City deems necessary.
13.22.250. Location and Deployment Preferences.
A. New Poles. New poles in the public right-of-way detract from the aesthetics of the
City. New poles in the public right-of-way to accommodate a personal wireless service
facility that are not replacing an existing pole are permitted only through the exception
process pursuant to Section 13.22.110.
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B. Site Justification. For wireless facility permit applications, the applicant shall
provide to the City a site justification report pursuant to the requirements set forth in the
Public Right-of-Way Personal Wireless Service Facility Standards and Regulations.
13.22.260. Appeals.
The decision of the Public Works Director shall be final as to the City but subject to judicial
review pursuant to California Code of Civil Procedure Section 1094.5.
13.22.270. Effect on Other Ordinances.
Compliance with the provisions of this chapter shall not relieve a person from complying
with any other applicable provision of this Code. In the event of a conflict between any
provision of this chapter and other sections of this Code, this chapter shall control.
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Attachment No. PC 4
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Community Correspondence Received
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From: Stephen Scully <stephenscully.mail@gmail.com>
Sent: January 20, 2026 10:09 AM
To: Zdeba, Benjamin
Subject: Community Input – Need for Improved Cellular Coverage in Newport Beach
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is
safe. Report phish using the Phish Alert Button above.
Dear Mr. Zdeba,
Thank you for the City’s outreach regarding wireless infrastructure and for the opportunity
to provide community feedback.
I am writing to express my strong support for meaningful improvements to cellular
coverage in Newport Beach. I have been a homeowner in Cameo Shores for more than 14
years, and unfortunately our neighborhood continues to experience extremely poor and in
many locations unusable cell phone service.
The lack of reliable coverage is not simply an inconvenience. It creates daily
communication challenges and, more importantly, real public safety concerns. Dropped
calls, inability to connect in emergencies, and inconsistent data access are routine
problems for residents. In today’s environment, dependable cellular service is an essential
utility, no different than power, water, or internet access.
Beyond my own experience, I have spoken with multiple public safety officers and officials
who have confirmed that there are a number of significant gaps in cellular coverage
throughout Newport Beach. In certain areas, our emergency services personnel cannot
reliably communicate using standard cellular networks. This lack of dependable
connectivity directly impacts response capabilities and, in my view, is a serious disservice
to our community particularly given the expectations and needs of a modern coastal city
like ours.
While most of Newport Beach and the surrounding communities enjoy modern and reliable
connectivity, several areas particularly along the coast and in Cameo Shores remain
substantial coverage gaps. These deficiencies affect residents, visitors, first responders,
and local businesses alike.
I strongly encourage the City to move forward with practical and timely solutions that will
allow AT&T, Verizon, and other carriers to close these gaps as quickly as possible.
Thoughtfully placed wireless facilities are necessary to provide the level of service that our
community needs and deserves.
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I appreciate the City’s willingness to address this important issue and respectfully ask that
improving cellular reliability be treated as a high priority.
Thank you for your time and consideration.
Respectfully,
--
Stephen Scully
stephenscully.mail@gmail.com
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Attachment No. PC 4
Redline-Strikeout Chapter 20.49
Planning Commission - March 5, 2026 Item No. 4a - Addiitonal Materials Received from Staff Wireless Service Facilities Code Amendments (PA2021-103)
ChapterCHAPTER 20.49
PERSONAL WIRELESS TELECOMMUNICATIONSSERVICE FACILITIES
Sections:
20.49.010 . Purpose.
20.49.020 Effect of Chapter.
20.49.030 . Definitions.
20.49.030. Applicability.
20.49.040 Telecom Facility Preferences. Site Location Preference and
Prohibited Locations.
20.49.050 General Development and Design Standards. Permits
Required.
20.49.060 . Permit Review ProceduresApplications.
20.49.070 Permit Implementation, Time Limits, Extensions, and Appeals.
20.49.080 Agreement for Use of City-Owned or City-Held Trust Property.
20.49.090 Modification and Collocation of Existing Telecom
Facilities.
20.49.080. Departmental Forms, Rules and Other Regulations.
20.49.090. Design Standards.
20.49.100 Operational and Radio Frequency . Decisions.
20.49.110. Standard Conditions of Approval.
20.49.120. Temporary Personal Wireless Service Facilities.
20.49.130. Compliance and Emissions ReportObligations.
20.49.110 Right to Review, Revoke or Modify a Permit.
20.49.120 140. Removal and Abandonment of TelecomWireless
Facilities.
20.49.010. Purpose.
A. The purpose of this chapter is to provide for the establish reasonable and uniform
standards and procedures for personal wireless service facilities deployment,
construction, installation, collocation, modification, operation, relocation and
maintenance of wireless telecommunication facilities (“telecom facilities”)removal on all
property other than the public and private property right-of-way within the City’s territorial
boundaries, consistent with State and to the extent permitted under federal and
Federalstate law while ensuring. The standards and procedures contained in this chapter
are intended to, and should be applied to, protect and promote public health, safety,
minimizing the visual effects of telecom facilities on public streetscapes, protecting public
views, and otherwise avoiding and mitigating the visual impacts of telecom facilities on
the and welfare, and balance the benefits that flow from robust, advanced wireless
services with the City’s local values, which include, without limitation, the aesthetic
character of the City, its various neighborhoods and community.
B. Telecom facilities shall utilize the least obtrusive available technology in order to
reduce or minimize the number of telecom facilities in the City and minimize their visual
impact on the community.
Planning Commission - March 5, 2026 Item No. 4a - Addiitonal Materials Received from Staff Wireless Service Facilities Code Amendments (PA2021-103)
C. The provisions of thisThis chapter areis not intended andto, nor shall notit be
interpreted or applied to:
A. Prohibit or effectively prohibit or to have the effect of prohibiting telecommunication
services. This chapter shall be applied to providers, operators, and maintainers of
telecommunication any personal wireless service provider’s ability to provide personal
wireless services regardless of whether authorized by or ;
B. Prohibit or effectively prohibit any personal wireless service provider’s ability to
provide any interstate or intrastate telecommunications service, subject to State or
Federal any competitively neutral and nondiscriminatory rules or regulations. This chapter
shall not be applied in such a manner as to unreasonably;
C. Unreasonably discriminate among providers of functionally equivalent
telecommunication services. (Ord. 2014-1 § 10 (part), 2014);
20.49.020 Effect of Chapter.
D. A. Regulatory Scope. These regulations are applicable to all telecom facilities as
defined herein and that provide wireless voice and/or data transmission such asDeny any
request for authorization to place, construct or modify personal wireless service facilities
based on environmental effects of radio frequency emissions to the extent that such
facilities comply with the Federal Communication Commission’s regulations concerning
such emissions;
E. Prohibit any collocation or modification that the City may not deny under federal or
state law; or
F. Otherwise authorize the City to preempt any applicable federal or state law or
regulation.
20.49.020. Definitions.
, but not limited to, cell phone, Internet, and radio relay stations.
B. Permit and Agreement Required. Unless the provisions of this chapter provide
otherwise, prior to installation or modification of any telecom facility in the City, the
applicant shall obtain a minor use permit (MUP), conditional use permit (CUP), limited
term permit (LTP), or zoning clearance (ZC) in accordance with Section 20.49.060
(Permit Review Procedures). Applicants who obtain a MUP, CUP, LTP, or ZC (and an
encroachment permit, if required) for any telecom facility approved to be located on any
City-owned property or City-held trust property, shall enter into an agreement prepared
and executed by the City Manager prior to installation of the facility, consistent with
Section 20.49.080 (Agreement for Use of City-Owned or City-Held Trust Property).
C. Exempt Facilities. The following types of telecom facilities are exempt from the
provisions of this chapter:
1. Amateur radio antennas and receiving satellite dish antennas, and citizen band
radio antennas regulated by Section 20.48.190 (Satellite Antennas and Amateur
Radio Facilities).
Planning Commission - March 5, 2026 Item No. 4a - Addiitonal Materials Received from Staff Wireless Service Facilities Code Amendments (PA2021-103)
2. Dish and other antennas subject to the FCC Over-the-Air Reception Devices
(“OTARD”) rule, 47 C.F.R. Section 1.4000 that are designed and used to receive
video programming signals from (a) direct broadcast satellite services, or (b)
television broadcast stations, or (c) for wireless cable service.
3. During an emergency, as defined by Title 2 of the NBMC, the City Manager,
Director of Emergency Services or Assistant Director of Emergency Services shall
have the authority to approve the placement of a telecom facility in any district on a
temporary basis not exceeding ninety (90) calendar days from the date of
authorization. Such authorization may be extended by the City on a showing of good
cause.
4. Facilities exempt from some or all of the provisions of this chapter by operation
of State or Federal law to the extent so determined by the City.
5. Systems installed or operated at the direction of the City or its contractor.
6. Systems installed entirely within buildings for the sole purpose of providing
wireless telecommunications or data transmission services to building occupants.
D. Other Regulations. Notwithstanding the provisions of this chapter, all telecom
facilities within the City shall comply with the following requirements:
1. Rules, regulations, policies, or conditions in any permit, license, or agreement
issued by any local, State or Federal agency which has jurisdiction over the telecom
facility.
2. Rules, regulations and standards of the Federal Communications Commission
(FCC) and the California Public Utilities Commission (CPUC).
E. Regulations Not in Conflict or Preempted. All telecom facilities within the City shall
comply with the following requirements unless in conflict with or preempted by the
provisions of this chapter:
1. All applicable City design guidelines and standards.
2. Requirements established by any other provision of this Code and by any other
ordinance and regulation of the City.
F. Legal Nonconforming Facility. Any telecom facility that was lawfully constructed,
erected, or approved prior to February 27, 2014, that is operating in compliance with all
applicable laws, and which facility does not conform to the requirements of this chapter
shall be deemed a legal nonconforming facility. Legal nonconforming facilities shall
comply at all times with the laws, ordinances, regulations, and any conditions of
approval in effect at the time the facility was approved, and any regulations pertaining to
legal, nonconforming uses or structures that may be applicable pursuant to provisions of
this Code or Federal and State laws as they may be amended or enacted, in the future.
(Ord. 2023-22 § 921, 2023; Ord. 2014-1 § 10 (part), 2014)
20.49.030 The abbreviations, phrases, terms and words shall have the meanings
Planning Commission - March 5, 2026 Item No. 4a - Addiitonal Materials Received from Staff Wireless Service Facilities Code Amendments (PA2021-103)
assigned to them in this Section 20.49.020 or, as may be appropriate, in Chapter 20.70
(Definitions), as may be amended, unless context indicates otherwise. Undefined
phrases, terms or words in this section shall have the meanings assigned to them in 47
U.S.C. Section 702, as may be amended, and, if not defined therein, shall have their
ordinary meanings. If any definition assigned to any phrase, term or word in this section
conflicts with any federal or state mandated definition, the federal or state-mandated
definition shall control.
“Approval authority” means the Community Development Director, Zoning Administrator,
Planning Commission, or City Council, depending on the type of facility proposed.
“Accessory equipment” means any equipment serving or being used in conjunction with
antennas that have been established for the purpose of providing personal wireless
services up to the point of connection with a larger fiber optic or power network. This
equipment includes, but is not limited to, utility or transmission equipment, power
supplies, generators, batteries, cables, wires, conduits, equipment buildings, cabinets,
storage sheds, shelters, vaults, or other structures.
Definitions.
For the purposes of this chapter, the following definitions shall apply:
A. Antenna. “Antenna” means a device used to transmit and/or receive radio or
electromagnetic waves between earth and/or satellite-based systems, such as reflecting
discs, panels, microwave dishes, whip antennas, antennas, arrays, or other similar
devicesfor the provision of personal wireless services. This definition does not apply to
broadcast antennas, antennas designed for amateur radio use, or satellite dishes
designed for residential or household purposes.
B. Antenna Array. “Antenna array” means antennas having transmission and/or
reception elements extending in more than one direction, and directional antennas
mounted upon and rotated through a vertical mast or tower interconnecting the beam
and antenna support structure, all of which elements are deemed to be part of the
antenna.
C. Base Station. “Base station” means the electronic equipment and appurtenant
support equipment at a telecom facility installed and operated by the telecom operator
that together perform the initial signal transmission and signal control functions. A base
station does not include the antennas, antenna support structure, or any portion of
distributed antenna system (DAS).
D. City-Owned or City-Held Trust Property.
“Base station” means the same as defined in 47 CFR Section 1.6100(b)(1), as may be
amended or superseded, which currently defines that term as 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 in 47 C.F.R. 1.6100(b)(9) or any equipment associated with a tower.
The term includes, but is not limited to, equipment associated with wireless
communications services such as private, broadcast, and public safety services, as well
Planning Commission - March 5, 2026 Item No. 4a - Addiitonal Materials Received from Staff Wireless Service Facilities Code Amendments (PA2021-103)
as unlicensed wireless services and fixed wireless services such as microwave backhaul.
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). 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 47 C.F.R. § 1.6100(b)(1)(i)-(ii) 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. 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 47 C.F.R. § 1.6100(b)(1)(i)-(ii).
“City-owned or City-held trust property” means all real property and improvements owned,
operated or controlled by the City, other than the public right-of-way, within the City’s
jurisdiction, including but not limited to City Hall, police and fire facilities, recreational
facilities, parks, beaches, libraries, monuments, signs, streetlights and traffic control
standards.
E. Collocation. “Collocation” means an arrangement whereby multiple telecom
facilities are installed on the same building or structure.
F. Distributed Antenna System, DAS.
“Code” means the Newport Beach Municipal Code.
“Collocation” means (a) for the purposes of any eligible facilities request, the same as
defined by 47 CFR Section 1.6100(b)(2), as may be amended, which currently defines
the term as 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. As an illustration and not a limitation, “collocation” as defined
herein, effectively means “to add” and does not necessarily refer to more than one
personal wireless service facility installed at a single site; and (b) for all other purposes,
has the same definition as is found in 47 CFR Section 1.6002(g), as may be amended,
which defines the term as (1) mounting or installing an antenna facility on a pre-existing
structure; and/or (2) modifying a structure for the purpose of mounting or installing an
antenna facility on that structure.
“CPCN” means a “Certificate of Public Convenience and Necessity” granted by the CPUC
or its duly appointed successor agency pursuant to California Public Utilities Code Section
1001 et seq., as may be amended.
“CPUC” means the California Public Utilities Commission established in the California
Constitution, Article XII, Section 5, or its duly appointed successor agency or agencies.
“Director” shall mean the Community Development Director and his or her designee.
“Distributed antenna system (DAS)” means a network of one or more antennas and fiber
optic nodes typically mounted to streetlight poles, or utility structures, which provide
Planning Commission - March 5, 2026 Item No. 4a - Addiitonal Materials Received from Staff Wireless Service Facilities Code Amendments (PA2021-103)
access and signal transfer services to one or more third-party wireless service providers.
DAS also includes the equipment location, sometimes called a “hub” or “hotel” where the
DAS network is interconnected with third-party wireless service providers to provide the
signal transfer services.
G.
“Eligible facilities request” means the same as defined in 47 CFR Section 1.6100(b)(3),
as may be amended, which currently defines that term as any 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) collocation of new transmission
equipment; (ii) removal of transmission equipment; or (iii) replacement of transmission
equipment.
“Facility Classes. Classes of telecom” refers to the classes of personal wireless service
facilities and the attendant support equipment, which are categorized into the following
classesas follows:
1. Class 1 (Stealth/Screened): a facility with antennas mounted on an existing or
proposed nonresidential building or other structure not primarily intended to be
an antenna support structure where antennas and support equipment,
including the base station, are fully screened so that they are not visible to the
general public.
2. Class 2 (Visible Antennas): a facility with antennas mounted on an existing
nonresidential building, structure, pole, light standard, utility tower, wireless
tower and/or lattice tower.
3. Class 3 (Public Right-of-Way Installations): a facility with antennas installed on
a structure located in the public right-of-way., as regulated by Chapter 13.22
(Personal Wireless Service Facilities in the Public Right-of-Way).
4. Class 4 (Freestanding Structure): a facility with antennas mounted on a new
freestanding structure constructed for the sole or primary purpose of supporting
the telecompersonal wireless service facility.
5. Class 5 (Temporary): a personal wireless service facility including associated
support equipment that is installed at a site on a temporary basis pursuant to a
limited term permit. A Class 5 installation may also be installed in connection
with a special event upon the approval of a special events permit pursuant to
Chapter 11.03 with or without a limited term permit.
H. FCC. “FAA” means the Federal Aviation Administration or its duly appointed
successor agency.
“FCC” means the Federal Communications Commission, or the Federal regulatory
agency charged with regulating interstate and international communications by radio,
television, wire, satellite, and cable.
I. Feasible or Feasibly. its duly appointed successor agency.
“Feasible” or “feasibly” means capable of being accomplished in a successful manner
Planning Commission - March 5, 2026 Item No. 4a - Addiitonal Materials Received from Staff Wireless Service Facilities Code Amendments (PA2021-103)
within a reasonable period of time, taking into account environmental, physical, legal and
technological factors.
J. Lattice Tower. “Lattice tower” means a freestanding open framework structure used
to support antennas, typically with three or four support legs of open metal crossbeams
or crossbars.
K. Monopole. “Monopole” means a single free-standing pole or pole-based structure
solely used to act as or support a telecom antenna or antenna arrays.
L. Operator or Telecom Operator. “Operator” or “telecom operator” means any person,
firm, corporation, company, or other entity that directly or indirectly owns, leases, runs,
manages, or otherwise controls a telecom facility or facilities within the City. The
definition of operator or telecom operator does not include a property owner(s) that
leases property to an operator for a telecom facility.
M.
“OTARD” means an over-the-air reception device subject to 47 C.F.R. Section 1.4000 et
seq., as may be amended, and which currently includes, without limitation, satellite
television dishes not greater than one meter in diameter.
“Permittee” means the owner of a personal wireless service facility that has obtained
permission through issuance of a wireless facility permit or 6409(a) applicant to construct,
install, modify, collocate, relocate, or otherwise deploy personal wireless service facilities
in the public right-of-way. Said owner shall possess the appropriate legal authority to
construct, install, modify, collocate, relocate, or otherwise deploy personal wireless
service facilities in the public right-of-way.
“Personal wireless services” means the same as defined in 47 USC Section
332(c)(7)(C)(i), as may be amended, which currently defines the term as commercial
mobile services, unlicensed wireless services, and common carrier wireless exchange
access services.
“Personal wireless service facility(ies)” or “facility(ies)” means the same as defined in 47
USC Section 332(c)(7)(C)(ii), as may be amended, which currently defines the term as
facilities that provide personal wireless services.
“Public Right-of-Way. “Public right-of-way” (“PROW”) means the same as Section
13.20.20 of this Code, which currently defines the term as the improved or unimproved
surface of any public and the space above and below a City easement for public utility
purposes, or street, or similar public way of any nature, dedicated or improved for
vehicular, bicycle, and/or pedestrian related use. PROW includes public streets, roads,
lanes, alleys, sidewalks, medians, parkways and landscaped lots. The PROW does not
include private streets now or hereafter held by City, however acquired.
N. Stealth or Stealth Facility.
“RF” means radio frequency or electromagnetic waves between 30 kHz and 300 GHz in
the electromagnetic spectrum range.
Planning Commission - March 5, 2026 Item No. 4a - Addiitonal Materials Received from Staff Wireless Service Facilities Code Amendments (PA2021-103)
“Section 6409(a)” means Section 6409(a) of the Middle Class Tax Relief and Job Creation
Act, Pub. L. No. 112-96, 126 Stat. 156 (Feb. 22, 2012), codified as 47 U.S.C. Section
1455(a), as may be amended.
“Stealth” or “stealth facility” means a telecompersonal wireless service facility in which the
antenna, and the support equipment, are completely hidden from view such as in a
monument, cupola, pole-based structure, or other concealing structure which either
mimics, or which also serves as, a natural or architectural feature. Concealing structures
which are obviously not such a natural or architectural feature to the average reasonable
observer do not qualify within this definition. For example, an artificial tree may not be
considered to be a stealth facility.
O. Support Equipment.
“Substantially change” or “substantially change the physical dimensions” means the same
as interpreted by applicable courts and in 47 CFR Section 1.6100(b)(7), as amended,
which currently states that a modification that substantially changes the physical
dimensions of an eligible support structure if it 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
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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).
“Support equipment” means the physical, electrical and/or electronic equipment included
within a telecompersonal wireless service facility used to house, power, and/or contribute
to the processing of signals from or to the facility’s antenna or antennas, including but not
limited to a base station, cabling, air conditioning units, equipment cabinets, pedestals,
and electric service meters. Support equipment does not include DAS, antennas or the
building or structure to which the antennas or other equipment are attached.Support
equipment does not include DAS, antennas or the building or structure to which the
antennas or other equipment are attached.
“Temporary personal wireless service facilities” means portable wireless communication
facilities 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 confined location or when a disaster disables permanent personal wireless
service facilities. Temporary personal wireless service facilities include, without limitation,
cells-on-wheels (“COWs”), sites-on-wheels (“SOWs”), cells-on-light-trucks (“COLTs”) or
other similarly portable wireless communication facilities not permanently affixed to the
site or land upon which it is located.
“Tower” means the same as defined in 47 CFR Section 1.60001(b)(9), as amended,
which currently defines the term as any structure built for the sole or primary purpose of
supporting any Commission-licensed or authorized antennas and their associated
facilities, including structures that are constructed for wireless communications 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.
“Transmission equipment” means the same as defined in 47 CFR Section 1.6100(b)(8),
as amended, which currently defines the term as equipment that facilitates transmission
for any Commission-licensed or authorized wireless communication 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
communications 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.
“Unlicensed wireless service” means the same as defined in 47 USC Section
332(c)(7)(C)(iii), as amended which currently defines the term as the offering of
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telecommunications services using duly authorized devices which do not require individual
licenses, but does not mean the provision of direct-to-home satellite services (as defined in
section 303(v) of Title 47 of the United States Code.
“Wireless” means any FCC-licensed or authorized wireless communication service
transmitted over frequencies in the electromagnetic spectrum.
20.49.030. Applicability.
A. Applicable Facilities. This chapter applies to all personal wireless service
facilities within the City and all to applications and requests for approval to construct,
install, modify, collocate, relocate or otherwise deploy personal wireless service facilities
in the City, unless exempted pursuant to subsection (B) of this section.
B. Exempt Facilities. Notwithstanding subsection (A) of this section, the provisions in
this chapter shall not be applicable to the facilities listed in this subsection (B):
1. Facilities installed in the public right-of-way governed by Chapter 13.22
(Personal Wireless Service Facilities in the Public Right-of-Way), or exempted
by 13.22.030(C) of this Code;
2. Amateur radio facilities;
3. OTARD antennas;
4. Personal wireless service facilities installed completely indoors and not visible
to the public intended to extend signals for personal wireless services in a
personal residence or a business (such as a femtocell or indoor distributed
antenna system);
5. Personal wireless service facilities or equipment owned and operated by
CPUC-regulated electric companies for use in connection with electrical power
generation, transmission and distribution facilities subject to CPUC General
Order 131-D;
6. Any personal wireless service facilities or associated infrastructure that are
developed, installed, managed, or operated by the City, for the City, or under
the City’s direction, or located on real property owned by the City, held in trust
by the City, or in which the City maintains a legal or equitable interest and
installed pursuant to a lease, license, franchise agreement or other agreement
between the City and any third party (whether public or private); and
7. Any personal wireless service facility to the extent that the City’s exercise of its
authority under this chapter is preempted by, or would otherwise violate,
applicable federal or state law, provided that the Director has determined that
the personal wireless service facility has been designed to minimize the extent
of the non-conformity with the Code.
The exemption from provisions in this chapter shall not exempt the same facilities from
the provisions and building permit requirements in Title 15 (Buildings and Construction).
Planning Commission - March 5, 2026 Item No. 4a - Addiitonal Materials Received from Staff Wireless Service Facilities Code Amendments (PA2021-103)
C. Requests for Approval Pursuant to Section 6409(a). Any written request to
collocate, replace or remove transmission equipment at an existing tower or base station
submitted under Section 6409(a) shall be processed pursuant to Section 20.49.070.
D. Legal Nonconforming Facility. Any personal wireless service facility that was
lawfully constructed, erected, or approved prior to <DATE OF EFFECTIVENESS>, that
is operating in compliance with all applicable laws, and which facility does not conform
to the requirements of this chapter shall be deemed a legal nonconforming facility. Legal
nonconforming facilities shall comply at all times with the laws, ordinances, regulations,
and any conditions of approval in effect at the time the facility was approved, and any
regulations pertaining to legal, nonconforming uses or structures that may be applicable
pursuant to provisions of this Code or Federal and State laws as they may be amended
or enacted, in the future.P. Telecommunication(s) Facility, Telecom Facility, Telecom
Facilities, Wireless Telecommunications Facility, or Facility. “Telecommunication(s)
facility,” “telecom facility,” “telecom facilities,” “wireless telecommunications facility,” or
simply “facility” or “facilities” means an installation that sends and/or receives wireless
radio frequency signals or electromagnetic waves, including but not limited to
directional, omni-directional and parabolic antennas, structures or towers to support
receiving and/or transmitting devices, supporting equipment and structures, and the
land or structure on which they are all situated. The term does not include mobile
transmitting devices, such as vehicle or hand held radios/telephones and their
associated transmitting antennas.
Q. Utility Pole. “Utility pole” means a single freestanding pole used to support services
provided by a public or private utility provider.
R. Utility Tower. “Utility tower” shall mean an open framework structure (see lattice
tower) or steel pole used to support electric transmission facilities.
S. Wireless Tower. “Wireless tower” means any structure built for the sole or primary
purpose of supporting antennas used to provide wireless services authorized by the
FCC. A distributed antenna system (DAS) installed pursuant to a Certificate of Public
Convenience and Necessity (CPCN) issued by the California Public Utilities
Commission on a water tower, utility tower, street light, or other structures built or rebuilt
or replaced primarily for a purpose other than supporting wireless services authorized
by the FCC, including any structure installed pursuant to California Public Utilities Code
Section 7901, is not a wireless tower for purposes of this definition. For an example
only, a prior-existing streetlight standard which is replaced with a new street light
standard to permit the addition of antennas shall not be considered a wireless tower, but
rather a replacement street light standard. (Ord. 2023-22 § 922, 2023; Ord. 2014-1 § 10
(part), 2014)
20.49.040Telecom Facility Preferences. Site Location Preference and Prohibited
Locations.
A. Preferred Locations. To limit the adverse visual effects of and proliferation of new
Planning Commission - March 5, 2026 Item No. 4a - Addiitonal Materials Received from Staff Wireless Service Facilities Code Amendments (PA2021-103)
or individual telecompersonal wireless service facilities in the City, the following list
establishes the order of preference of facilities, from the most preferred (1) to least
preferred (4).
1. Collocation of a new facility at an existing facility.
2. Class 1.
3. Class 2 and Class 3.
4. Class 4.
B.
B. Prohibited Locations. TelecomPersonal wireless service facilities are prohibited in
the following locations:
1. On properties zoned for single-unit or two-unit residential development
including equivalent designations within a planned community district or
specific plan districts except if located on common area lots developed with
community facilities, landscape lots, or private streets.;
2. On properties zoned for multi-unit residential development and mixed-use
development including equivalent planned community district or specific plan
districts where the maximum allowable number of dwelling units is four units. ;
and
3. In the Open Space (OS) Zoning District, unless telecom facilities are collocated
on an existing utility tower within a utility easement area, or collocated on
ananother existing facility.
4. On traffic control standards (traffic signal poles). (Ord. 2014-1 § 10 (part), 2014)
20.49.050 General Development and Design Standards. Permits Required.
A. Permit Required. Unless exempted pursuant to Section 20.49.030(B), all personal
wireless service facilities shall obtain a minor use permit (MUP), conditional use permit
(CUP), limited term permit (LTP), or administrative clearance (AC) as provided for in Table
4-1 unless prohibited by Section 20.49.040(B). Notwithstanding permits identified in Table
4-1, any application for a facility that proposes to exceed the maximum height limit of the
applicable height limit area in which the facility is located pursuant to Section
20.30.060(C)(2) shall require approval of a CUP by the Planning Commission. The
Director’s decision to issue an AC for a Class 1 Installation shall be final and not subject
to further administrative appeal.
Table 4-1
Permit Requirement for
Personal Wireless
Service Facilities
Facility
Class Permit
Class 1 AC
Planning Commission - March 5, 2026 Item No. 4a - Addiitonal Materials Received from Staff Wireless Service Facilities Code Amendments (PA2021-103)
Table 4-1
Permit Requirement for
Personal Wireless
Service Facilities
Facility
Class Permit
Class 2 MUP
Class 3 See Chapter
13.22
Class 4 CUP
Class 5 LTP
B. Review of Collocated Facilities. Notwithstanding any provision of this chapter to
the contrary, and consistent with California Government Code Section 65850.6, the
addition of a new facility to an existing facility resulting in the establishment of a collocated
personal wireless service facility shall be approved without discretionary review if it
complies with Section 20.49.070. If a collocated personal wireless service facility does
not satisfy all of the requirements of California Government Code Section 65850.6 and
Section 20.49.070, the facility shall be reviewed pursuant to the review procedures
provided in Table 4-1.
C. Emergency Communications Review. At the time an application is submitted to the
Community Development Department, a copy of the plans, map, and emission standards
shall be sent to the Police Chief. The Police Chief shall review the plan’s potential conflict
with emergency communications. The review may include a pre-installation test of the
personal wireless service facility to determine if any interference exists. If the Police
Department determines that the proposal has a high probability that the facility will
interfere with emergency communications devices, the applicant shall work with the
Police Department to avoid interference.
A. General Criteria. All telecom facilities shall employ design techniques to minimize
visual impacts and provide appropriate screening to result in the least visually intrusive
means of providing the service. Such techniques shall be employed to make the
installation, appearance and operations of the facility as visually inconspicuous as
practicable. To the greatest extent feasible, facilities shall be designed to minimize the
visual impact of the facility by means of location, placement, height, screening,
landscaping, and shall be compatible with existing architectural elements, building
materials, other building characteristics, and the surrounding area.
In addition to the other design standards of this section, the following criteria shall be
considered by the review authority in connection with its processing of any MUP, CUP,
LTP, or ZC for a telecom facility:
1. Blending. The extent to which the proposed telecom facility blends into the
surrounding environment or is architecturally compatible and integrated into the
structure.
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2. Screening. The extent to which the proposed telecom facility is concealed or
screened by existing or proposed new topography, vegetation, buildings or other
structures.
3. Size. The total size of the proposed telecom facility, particularly in relation to
surrounding and supporting structures.
4. Location. Proposed telecom facilities shall be located so as to utilize existing
natural or manmade features in the vicinity of the facility, including topography,
vegetation, buildings, or other structures to provide the greatest amount of visual
screening and blending with the predominant visual backdrop.
D. Other Permits and Regulatory Approvals. In addition to any minor use permit or
other permit required under this chapter, the applicant must obtain all other required
permits and other regulatory approvals from the City, and State and Federal agencies.
Any minor use permit or other permit granted under this chapter shall be subject to the
conditions and/or other requirements in any other required permits or other regulatory
approvals.
E. Proprietary Approvals. Nothing in this chapter shall be deemed to waive any
required proprietary approvals for siting of personal wireless service facilities on privately
or publicly owned property or improvements.
20.49.060. Permit Applications.
A. Application Requirement. The City shall not accept, approve, or deny any personal
wireless service facility subject to this chapter except upon a duly filed application
pursuant to Chapter 20.50 (Permit Application Filing and Processing) and any other
written rules the Director may publish in any publicly-stated format.
B. Minimum Application Content. The materials required under this section are
minimum requirements for any application for any personal wireless service facility:
1. Application Form. The Director shall prepare and issue application forms and
lists that specify the information that will be required from applicants for projects
subject to the provisions of this chapter, laws, and applicable court decisions.
2. Application Fee. The City Council may approve by resolution a Fee Schedule
that establishes cost-based fees for permits, appeals, amendments,
information materials, penalties, copying, and other such items. These fees
may be amended by the City Council.
C. Applications Deemed Withdrawn. To promote efficient review and timely decisions
by the City, an application will be automatically deemed withdrawn without prejudice by
the applicant when the applicant fails to tender a substantive response to the City within
sixty (60) calendar days after the City deems the application incomplete in a written notice
to the applicant. The Director may, in the Director’s discretion, grant a written extension
for up to an additional thirty (30) calendar days when the applicant delivers to the City a
written request prior to the sixtieth (60) day that shows good cause to grant the extension.
Planning Commission - March 5, 2026 Item No. 4a - Addiitonal Materials Received from Staff Wireless Service Facilities Code Amendments (PA2021-103)
Delays due to circumstances outside the applicant’s reasonable control shall be
considered good cause to grant the extension.
20.49.070. Modification and Collocation of Existing Facilities.
A. Notwithstanding any provision in this chapter, a request to modify an existing
facility that involves in evaluating whether the collocation of a telecom facility is feasible,
the criteria listed in subsections (A)(1) through (4) of new transmission equipment, the
removal of existing transmission equipment, or the replacement of existing transmission
equipment shall be subject to administrative review without processing any discretionary
permit provided that such modification does not substantially change the existing facility
from the original permit for the facility.
B. Each application submitted under this section shall be used to evaluate the visual
effectfor a modification or collocation to an existing personal wireless service facility shall
be accompanied by:
1. A detailed description of the proposed modifications to the existing personal
wireless service facility(ies);
2. A photograph or description of the combined numberpersonal wireless service
facility as originally constructed, if available; a current photograph of the
existing facility; and, a graphic depiction of the facility after modification
showing all relevant dimensions;
3. A detailed description of all construction that will be performed in connection
with the proposed modification; and
4. A written statement signed and stamped by a professional engineer, licensed
and qualified in California, attesting that the proposed modifications do not
constitute a substantial change of the existing permitted facility.
C. Any permit issued will be conditioned upon the accuracy of the application, and
may be revoked, and the personal wireless service facility shall be removed and restored
to its pre-modification condition if any material statement made with respect to the facility
application is false or the modifications as actually made would have required a
discretionary review had the plan for the facility accurately depicted the modifications.
20.49.080. Departmental Forms, Rules and Other Regulations.
The City Council authorizes the Director of Community Development to develop and
publish permit application forms, checklists, informational handouts and other related
materials for this chapter. Without further authorization from the City Council, the Director
may from time to time update and alter the permit application forms, checklists,
informational handouts and other related materials as the Director deems necessary or
appropriate to respond to regulatory, technological or other changes related to this
chapter. The City Council further authorizes the Director to establish other reasonable
rules and regulations, which may include, without limitation, regular hours for
appointments with applicants and/or submittals without appointments, as the Director
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deems necessary or appropriate to organize, document and manage the application
intake process. All such rules and regulations must be in written form and publicly stated
to provide applicants with prior notice.
20.49.090. Design Standards.
A. Generally Applicable Development Standards. All new personal wireless service
facilities and all collocations or modifications to existing personal wireless service facilities
not subject to Section 6409(a) must conform to the generally applicable development
standards in this subsection (A) in order to mitigate impacts on adjacent properties.
1. Concealment. Personal wireless service facilities at the proposed locationmust
incorporate concealment elements, measures and techniques that blend the
equipment and other improvements into the natural and/or built environment in a
manner consistent and/or compatible with the uses germane to the underlying
zoning district and existing in the immediate vicinity.
B.
1.2. Public View Protection. All new or modified telecompersonal wireless
service facilities, whether approved by administrative or discretionary review, shall
comply with Section 20.30.100 (Public View Protection). Additionally, potential
impacts from a new or modified telecompersonal wireless service facility to public
views that are not identified by General Plan Policy NR 20.3 shall be evaluated to
determine if inclusion in Policy NR 20.3 would be appropriate. If deemed
appropriate for inclusion, the potential impacts to such public views shall be
considered.
C.
3. Height.
1. The All facilities shall not exceed the increased maximum height limit for flat
structures in the applicable height limit area pursuant to Section 20.30.060(C)(2)
unless the Planning Commission or City Council may approve or conditionally
approvemakes all of the required findings in Section 20.49.100(C) and approves a
CUP for a telecompersonal wireless service facility that exceeds the maximum
height limit for the zoning district in which the facility is located; provided, it does not
exceed the to exceed the maximum height limit by no more than fifteen (15) feet,
only after making all of the required findings in Section 20.49.060(H) (Required
Findings for Telecom Facilities). All telecompersonal wireless service facilities shall
comply with height restrictions or conditions, if any, required by the Federal Aviation
Administration, and shall comply with Section 20.30.060( 20.30.060(E) (Airport
Environs Land Use Plan for John Wayne Airport and Airport Land Use Commission
Review Requirements) as may be in force at the time the telecompersonal wireless
service facility is permitted or modified.
4. Setbacks. Personal wireless service facilities may not encroach into any applicable
setback for structures in the subject zoning district unless specifically authorized
by the Director.
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5. Noise. Personal wireless service facilities and all accessory equipment and
transmission equipment must comply with all noise regulations, which includes,
without limitation, Chapter 10.26 (Community Noise Control), and shall not exceed,
either individually or cumulatively, the applicable ambient noise limit in the subject
zoning district. The approval authority may require the applicant to incorporate
appropriate noise-baffling materials and/or strategies whenever necessary to avoid
any ambient noise from equipment reasonably likely to exceed the applicable limit.
6. Landscaping. Personal wireless service facilities must include landscape features
when proposed in a landscaped area. The approval authority may require
additional landscape features to screen the facility from public view, avoid or
mitigate potential adverse impacts on adjacent properties or otherwise enhance the
concealment required under this chapter. The permittee shall be responsible for
maintenance of and replacement of all landscaping.
7. Security Measures. Personal wireless service facilities may incorporate reasonable
and appropriate security measures, such as fences, walls and anti-climbing
devices, to prevent unauthorized access, theft and vandalism. Security measures
must be designed to enhance concealment to the maximum extent possible. The
approval authority may require additional concealment elements as the approval
authority finds necessary to blend the security measures and other improvements
into the natural and/or built environment. The approval authority shall not approve
barbed wire, razor ribbon, electrified fences or any similar security measures that
may cause serious injury or death.
8. Backup Power Sources. The approval authority may approve permanent backup
power sources and/or generators on a case-by-case basis. The City strongly favors
non- and low-polluting backup power sources such as fuel cells and natural gas
generators, and strongly disfavors backup power sources that pollute such as
diesel and gasoline generators. Any permanent backup power sources and/or
generator shall be located as far away from sensitive receptors as feasible.
9. Lights. Personal wireless service facilities may not include exterior lights other than:
(a) as may be required under FAA, FCC or other applicable governmental
regulations; and (b) timed or motion-sensitive lights for security and/or worker
safety. All exterior lights permitted or required to be installed must be installed in
locations and within enclosures that avoids illumination impacts on other properties
to the maximum extent feasible. FAA or FCC required aircraft warning lighting shall
to the maximum extent feasible use lighting shielded from view from any human-
occupied structure within the City.
10. Signage; Advertisements. All personal wireless service facilities must include
signage that continuously and accurately identifies the equipment permittee, the
permittee’s site name or identification number, as well as a local or toll-free number
to the permittee’s network operations center. Personal wireless service facilities
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must not bear any other signage or advertisements unless expressly approved by
the City, required by law or recommended by the FCC, CPUC, or other United
States or State governmental agencies.
11. Future Collocations. All personal wireless service facilities must be designed and
sited in a manner that contemplates future collocations and shall facilitate additional
equipment to be integrated into the proposed facility or associated structures with
no or negligible visual changes to its outward appearance to the greatest extent
feasible.
12. Utilities. All cables and connectors for telephone, primary electric and other similar
utility services must be routed underground to the extent feasible in conduits large
enough to accommodate future collocated facilities. The approval authority shall
not approve new overhead utility lines or service drops merely because compliance
with the undergrounding requirements would increase the project cost.
13. Compliance with Laws. All personal wireless service facilities must be designed
and sited in compliance with all applicable Federal, State and local laws,
regulations, rules, restrictions and conditions, which includes, without limitation, the
California Building Standards Code as amended by the City, General Plan and any
specific plan, the Newport Beach Municipal Code and any conditions or restrictions
in any permit or other governmental approval issued by any public agency with
jurisdiction over the project.
Nonconformities. 3. Telecom facilities installed on streetlights, utility poles, utility
towers or other similar structures within the public right-of-way shall not exceed
thirty-five (35) feet in height above the finished grade.
4. Telecom facilities may be installed on existing utility poles or utility towers that
exceed thirty-five (35) feet above the finished grade where the purposes of the
existing utility pole or utility tower is to carry electricity or provide other wireless data
transmission; provided, that the top of the proposed antennas do not extend above
the top of the utility pole or utility tower.
5. Telecom facilities disguised as flagpoles may be installed provided they meet
applicable height limits for flagpoles provided in Section 20.30.060.
14. D. A proposed or modified personal wireless service facility shall not create any
new or increased nonconformity as defined in the Zoning Code, such as, but not
limited to, a reduction in and/or elimination of, required parking, landscaping, or
loading zones unless relief is sought pursuant to applicable zoning code
procedures.
B. Design Standards by Facility Class, Including Support Equipment.
Setbacks. Proposed telecom facilities shall comply with the required setback
established by the development standards for the zoning district in which the facility is
proposed to be located. Setbacks shall be measured from the part of the facility closest
to the applicable lot line or structure.
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E. Design Techniques. Design techniques shall result in the installation of a telecom
facility that is in harmony and scale with the surrounding area, screens the installation
from view, and prevents the facility from visually dominating the surrounding area.
Design techniques may include the following:
1. Screening elements to disguise, or otherwise hide the telecom facility from view
from surrounding uses.
2. Painting and/or coloring the telecom facility to blend into the predominant visual
backdrop.
3. Siting the telecom facility to utilize existing features (such as buildings,
topography, vegetation, etc.) to screen or hide the facility.
4. Utilizing simulated natural features (trees, rocks, etc.) to screen or hide the
telecom facility.
5. Providing telecom facilities of a size that, as determined by the City, is not
visually obtrusive such that any effort to screen the facility would create greater
visual impacts than the facility itself.
6. To the greatest extent practicable, new Class 4 facilities shall be designed and
sited to facilitate the collocation of one additional telecom operator.
F. Screening Standards. For collocation installations, the screening method shall be
materially similar to those used on the existing telecom facility, and shall not diminish
the screening of the facility. If determined necessary by the review authority, use of
other improved and appropriate screening methods may be required to screen the
antennas and support equipment from public view. The following is a non-exclusive list
of potential design and screening techniques that must be considered for all facility
installations:
1. 1. Class 1 (Stealth/Screened) Installations.
a. a. All telecompersonal wireless service facility components, including all
antennas, antenna panels, cables, wires, conduit, mounting brackets, and
support equipment, shall be fully screened,not be visible in any direction (360
degrees) from a public right-of-way or adjacent residential property, as may be
seen from a point six feet above ground level. The intent is for all equipment to
be adequately screened from public view(s), and mounted either inside the
building or structure, or behind screening elements and not on the exterior face
of the building or structure.
Screening materials shall match in color, size, proportion, style, and quality with
the exterior design and architectural character of the structure and the
surrounding visual environment. If determined necessary by the reviewing
authority, screening to avoid adverse impacts to views from land or buildings at
higher elevations shall be required.
b. Screening materials shall match in color, size, proportion, style, and quality
Planning Commission - March 5, 2026 Item No. 4a - Addiitonal Materials Received from Staff Wireless Service Facilities Code Amendments (PA2021-103)
with the exterior design and architectural character of the structure and the
surrounding visual environment. If determined necessary by the reviewing
authority, screening to avoid adverse impacts to views from land or buildings
at higher elevations shall be required.
b. c. When a telecompersonal wireless service facility is proposed within an
existing or new architectural feature such as a steeple, religious symbol, tower,
cupola, clock tower, sign tower, etc., the facility shall be architecturally
compatible with the existing structure or building.
2. Class 2 (Visible) Installations.
a. Building or structure mounted antennas shall be painted or otherwise coated to
match or complement the predominant color of the structure on which they are
mounted and shall be compatible with the architectural texture and materials of
the building to which the antennas are mounted. No cables, wires, conduit,
mounting brackets or any other associated support equipment shall be visible.
a.b. All antenna components and support equipment shall be treated with
exterior coatings of a color and texture to match the predominant visual
background and/or adjacent architecture so as to visually blend in with the
surrounding development. Subdued colors and nonreflective materials that
blend with surrounding materials and colors shall be used.
3. For Class 3 (Public Right-of-Way) Installations.
a. Whenever feasible, new antennas proposed to be installed in the A facility
within the public right-of-way shall be placed on existing utility structures,
streetlights, or other existing vertical structures. Antenna installations on existing
or replacement streetlight poles or utility poles shall be screened by means of
canisters, radomes, shrouds other screening measures whenever feasible, and
treatedcomply with exterior coatings of a color and texture to match the existing
poleChapter 13.22.
b. New or replacement vertical structures may be allowed when authorized by
this Code and approved by the Public Works Department. Replacement poles or
streetlights shall be consistent with the size, shape, style, and design of the
existing pole, including any attached light arms. New poles or streetlights may
be installed, provided they match existing or planned poles within the area.
c. If antennas are proposed to be installed without screening, they shall be
flush-mounted to the pole and shall be treated with exterior coatings of a color
and texture to match the pole.
4. 4. Class 4 (Freestanding Structure) Installations.
a. The installation of new lattice towers or monopoles with visible antennas or
antenna arrays is strongly discouraged due to the negative visual effects of
such facilities. Preferred monopole designs include fully screened antennas
Planning Commission - March 5, 2026 Item No. 4a - Addiitonal Materials Received from Staff Wireless Service Facilities Code Amendments (PA2021-103)
without visible brackets, cables, or conduit. Additionally, any lattice tower or
monopole should be sited in the least obtrusive location as practicable.
b. The construction of new freestanding structures such as signs, monoliths,
pyramids, light houses, or other similar vertical structures shall be designed
and sited to appropriately complement a site and screen all elements of the
telecompersonal wireless service facility.
c. The installation of artificial rocks shall match in scale and color with other rock
outcroppings in the general vicinity of the proposed site. An artificial rock screen
may not be considered appropriate in areas that do not have natural rock
outcroppings.
d. The installation of artificial trees or shrubbery is strongly discouraged if they are
obviously not natural to the average reasonable observer. When an artificial
tree or shrubbery is proposed, it shall be designed for and located in a setting
that is compatible with the proposed screening method. Such installations shall
be situated so as to utilize existing natural or manmade features including
topography, vegetation, buildings, or other structures to provide the greatest
amount of visual screening. All antennas and antenna supports shall be
contained within the canopy of the tree design or other vegetation comparable
to that being replicated by the proposed screening elements. Finally, the
addition of new comparable living vegetation may be necessary to enhance the
artificial tree or shrubbery screening elements.
e. Flagpoles shall not exceed twenty-four (24) inches in width at the base of the
flagpole and also shall not exceed twenty (20) inches in width at the top of the
flagpole.
5. 5. Class 5 (Temporary) Installations. A temporary telecompersonal wireless
service facility installation may require screening to reduce visual impacts
depending on the duration of the permit and the setting of the proposed site. If
screening methods are determined to be necessary by the review authority, the
appropriate screening methods will be determined through the application review
and permitting process in consideration of the temporary nature of the facility.
6. 6. Support Equipment. All support equipment associated with the operation of
any telecompersonal wireless service facility shall be placed or mounted in the
least visually obtrusive location practicable, and shall be screened from view.
a. Installations on Private Property. The following is a non-exclusive list of
potential screening techniques for telecom facilities located on private property:
a. i. Building-Mounted TelecomPersonal Wireless Service Facilities. For
building- or structure-mounted antenna installations, support equipment for the
facility may be located inside the building, in an underground vault, or on the
roof of the building that the facility is located on; provided, that both the
equipment and any screening materials are architecturally compatible and/or
painted the color of the building, roof, and/or surroundings thereby providing
screening.
Planning Commission - March 5, 2026 Item No. 4a - Addiitonal Materials Received from Staff Wireless Service Facilities Code Amendments (PA2021-103)
b. ii. Roof-Mounted TelecomPersonal Wireless Service Facilities. All screening
materials for roof-mounted facilities shall be of a quality and design compatible
with the architecture, color, texture and materials of the building to which it is
mounted. If determined necessary by the review authority, screening to avoid
adverse impacts to views from land or buildings at higher elevations shall be
required.
iii. Freestanding Telecom Facilities. For freestanding facilities installations,
not mounted on a building or structure, support equipment for the facility may
be visually screened by locating the support equipment in a fully enclosed
building, in an underground vault, or in a security enclosure consisting of
walls and/or landscaping to effectively screen the support equipment at the
time of installation.
iv. All wall and landscaping materials shall be selected so that the resulting
screening will be visually integrated with the architecture and landscape
architecture of the surroundings.
c. v. Freestanding Personal Wireless Service Facilities. For freestanding
facilities installations, not mounted on a building or structure, support
equipment for the facility may be visually screened by locating the support
equipment in a fully enclosed building, in an underground vault, or in a security
enclosure consisting of walls and/or landscaping to effectively screen the
support equipment at the time of installation.
d. All wall and landscaping materials shall be selected so that the resulting
screening will be visually integrated with the architecture and landscape
architecture of the surroundings.
e. Screening enclosures may utilize graffiti-resistant and climb-resistant vinyl-clad
chain link with a “closed-mesh” design (i.e.,not more than a one-inch gaps) or
may consist of an alternate enclosure design approved by the review authority.
In general, the screening enclosure shall be made of nonreflective material and
painted to blend with surrounding materials and colors.
f. vi. If placed in an underground vault, flush-to-grade vents, or alternatively,
vents that extend no more than twenty-four (24) inches above the finished
grade and are screened from public view may be utilized.
b. Installations in a Public Right-of-Way. The following is a non-exclusive list of
potential screening techniques for telecom facilities located in a public right-of-
way:
i. Where existing utilities services (e.g., telephone, power, cable TV) are
located underground, the support equipment shall be placed underground if
required by other provisions of this Code. Flush-to-grade underground vault
enclosures, including flush-to-grade vents, or vents that extend no more than
twenty-four (24) inches above the finished grade and are screened from
public view may be incorporated. Electrical meters required for the purpose of
providing power for the proposed telecom facility may be installed above
Planning Commission - March 5, 2026 Item No. 4a - Addiitonal Materials Received from Staff Wireless Service Facilities Code Amendments (PA2021-103)
ground on a pedestal in a public right-of-way provided they meet applicable
standards of Title 13 unless otherwise precluded by this Code.
ii. Support equipment approved to be located above ground in a public right-
of-way shall be painted or otherwise coated to be visually compatible with the
existing or replacement pole, lighting and/or traffic signal equipment without
substantially increasing the width of the structure.
iii. All transmission or amplification equipment such as remote radio units,
tower mounted amplifiers, and surge suppressors shall be mounted inside the
utility or streetlight pole without materially increasing the pole diameter or
shall be installed in the vault enclosure supporting the facility.
G. Night Lighting. Telecom facilities shall not be lighted except for security lighting at
the lowest intensity necessary for that purpose or as may be recommended by the
United States Flag Code (4 U.S.C. Section 1 et seq.). Such lighting shall be shielded so
that direct illumination does not directly shine on nearby properties. The review authority
shall consult with the Police Department regarding proposed security lighting for
facilities on a case-by-case basis.
H. Signs and Advertising. No advertising signage or identifying logos shall be
displayed on any telecom facility except for small identification, address, warning, and
similar information plates. Such information plates shall be identified in the telecom
application and shall be subject to approval by the review authority. Signage required by
State or Federal regulations shall be allowed in its smallest permissible size.
I. Nonconformities. A proposed or modified telecom facility shall not create any new or
increased nonconformity as defined in the Zoning Code, such as, but not limited to, a
reduction in and/or elimination of, required parking, landscaping, or loading zones
unless relief is sought pursuant to applicable zoning code procedures.
J. Maintenance. The telecom operator shall be responsible for maintenance of the
telecom facility in a manner consistent with the original approval of the facility, including
but not limited to the following:
1. Any missing, discolored, or damaged screening shall be restored to its original
permitted condition.
2. All graffiti on any components of the telecom facility shall be removed promptly
in accordance with this Code.
3. All landscaping required for the telecom facility shall be maintained in a healthy
condition at all times, and shall be promptly replaced if dead, dying, or damaged.
4. All telecom facilities shall be kept clean and free of litter.
5. All equipment cabinets shall display a legible contact number for reporting
maintenance problems to the telecom operator.
6. If a flagpole is used for a telecom facility, flags shall be flown and shall be
Planning Commission - March 5, 2026 Item No. 4a - Addiitonal Materials Received from Staff Wireless Service Facilities Code Amendments (PA2021-103)
properly maintained at all times. The use of the United States flag shall comply with
the provisions of the U.S. Flag Code (4 U.S.C. Section 1 et seq.). (Ord. 2023-22 §
923, 2023; Ord. 2014-1 § 10 (part), 2014)
20.49.060 Permit Review Procedures.
A. Application Procedures. Applications for telecom facilities shall be subject to
Chapters 20.50 (Permit Application Filing and Processing), 20.52 (Permit Review
Procedures), and 20.54 (Permit Implementation, Time Limits, and Extensions) unless
otherwise modified by this section. Applications shall be processed consistent with State
and Federal regulations as the same may be amended from time to time such as the
application processing times set forth in FCC Declaratory Ruling FCC 09-99. All costs
associated with the permit application review shall be the responsibility of the applicant,
including any expense incurred by the City for outside third-party technical review
required by the application.
B. Installations in the Public Right-of-Way. All telecom facilities proposed to be located
in the public right-of-way shall comply with the provisions of this Code, including but not
limited to the provisions of Title 13 as it may be amended from time to time.
C. Application Submission Requirements for Telecom Facilities on City-Owned or
City-Held Trust Properties. Prior to the submittal for any application for any facility
located on any City-owned property or City-held trust property, the applicant shall first
obtain written consent to the application from the City Manager.
D. Permit Required. All telecom facilities shall obtain a MUP, CUP, LTP, or ZC as
provided for in Table 4-1 unless prohibited by Section 20.49.040(B). Notwithstanding
permits identified in Table 4-1, any application for a facility that proposes to exceed the
maximum height limit of the applicable zoning district in which the facility is located shall
require approval of a CUP by the Planning Commission.
Table 4-1
Permit Requirement for Telecom Facilities
Facility
Class Permit
Class 1 ZC
Class 2 MUP
Class 3 MUP
Class 4 CUP
Class 5 LTP
Planning Commission - March 5, 2026 Item No. 4a - Addiitonal Materials Received from Staff Wireless Service Facilities Code Amendments (PA2021-103)
E. Review of Collocated Facilities. Notwithstanding any provision of this chapter to the
contrary, and consistent with California Government Code Section 65850.6, the addition
of a new facility to an existing facility resulting in the establishment of a collocated
telecom20.49.100. Decisions.
A. Notice.
1. General Notice Required for the Application. Public notice as provided in
Chapter 20.62 (Public Hearings) will be required for any minor use permit. The
approval authority shall not act on any application for a personal wireless
service facility shall be allowed without discretionaryunless the public notice
required by law has occurred.
2. Deemed-Approval Notice Procedures. Not more than thirty (30) days before
the applicable FCC timeframe for review if it complies with Section 20.49.090.
If a collocated telecom facility does not satisfy all expires, and in addition to the
public notice required in subsection (A)(1) of the requirements of this section,
an applicant for a minor use permit shall provide a posted notice at the project
site that states the project shall be automatically deemed approved pursuant to
California Government Code Section 65850.6 and Section 20.49.090, the
facility shall be reviewed pursuant to the review procedures provided in Table
4-165964.1 unless the City approves or denies the application or the applicant
tolls the timeframe for review within the next thirty (30) days. The posted notice
must be compliant with the provisions in this chapter. The public notice required
under this subsection (A)(2) shall be deemed given when the applicant delivers
written notice to the Planning Director that shows the appropriate notice has
been posted at the project site.
A. F. Emergency Communications Review. At the time an application is submitted
to the Community Development Department, a copy of the plans, map, and emission
standards shall be sent to the Police Chief. The Police Chief shall review the plan’s
potential conflict with emergency communications. The review may include a pre-
installation test of the telecom facility to determine if any interference exists. If the Police
Department determines that the proposal has a high probability that the facility will
interfere with emergency communications devices, the applicant shall work with the
Police Department to avoid interference.
G. Public Notice and Public Hearing Requirements. An application for a MUP, CUP or
LTP shall require public notice and a public hearing in accordance with Chapter 20.62
(Public Hearings).
3. H. RequiredDecision Notices. After the approval authority approves,
conditionally approves or denies an application for a personal wireless service
facility or before the FCC timeframe for review expires (whichever occurs first),
the approval authority shall send a written determination to the applicant and
all other parties entitled to receive notice. For any denial notice, the approval
authority shall include the reasons for the denial either in the notice or as a
separate written document.
Planning Commission - March 5, 2026 Item No. 4a - Addiitonal Materials Received from Staff Wireless Service Facilities Code Amendments (PA2021-103)
4. General Findings for Telecom Facilities. The following findings shall apply to all
facilities requiring discretionary review: 1. General.Approval. The review authority may
approve or conditionally approve an application for a telecompersonal wireless service
facility only after first finding each of the required findings for a MUP or CUP pursuant to
Section 20.52.020 (Conditional Use Permits and Minor Use Permits), or an LTP
pursuant to Section 20.52.040 (Limited Term Permits), and each of the following
findings:
a. The proposed telecompersonal wireless service facility is visually
compatible with the surrounding neighborhood.;
b. The proposed telecompersonal wireless service facility complies with
height, location and design standards, as provided for in this chapter.;
c. An alternative site(s) located further from a residential district, public park or
public facility cannot feasibly fulfill the coverage needs fulfilled by the installation
at the proposed site.
c. d. An alternative planThe proposed facility complies with all applicable
development standards described in Section 20.49.090;
d. The applicant has demonstrated that would result in a higher preference
facility class category for theits proposed facility is shall be in compliance
with all applicable FCC rules and regulations for human exposure to RF
emissions;
e. The applicant has demonstrated a good-faith effort to identify and evaluate
more-preferred locations and potentially less-intrusive designs; and
f. The applicant has provided the approval authority with a meaningful
comparative analysis that reasonably shows less-intrusive alternative
locations and designs identified in the administrative record are either
technically infeasible or not potentially available or reasonably feasible and
desirable under the circumstances.
B. 2. Findings to Increase Height. The review authority may approve or conditionally
approve an application for a telecompersonal wireless service facility which includes
a request to exceed the maximum height limit for the zoning district in which the facility
is located up to a maximum of fifteen (15) feet only after making each of the following
findings in addition to the general findings set forth in subsection (H)(1B) of this section
and the required findings for a MUP or CUP pursuant to Section 20.52.020
(Conditional Use Permits and Minor Use Permits), or an LTP pursuant to Section
20.52.040 (Limited Term Permits):
1. a. The increased height will not result in undesirable or abrupt scale changes
or relationships being created between the proposed telecompersonal wireless
service facility and existing adjacent developments or public spaces.
2. b. Establishment of the telecompersonal wireless service facility at the
requested height is necessary to provide service. (Ord. 2023-22 § 924, 2023;
Planning Commission - March 5, 2026 Item No. 4a - Addiitonal Materials Received from Staff Wireless Service Facilities Code Amendments (PA2021-103)
Ord. 2014-1 § 10 (part), 2014)
20.49.070 Permit Implementation, Time Limits, Extensions, and
A. The process for implementation or “exercising” of permits issued for a telecom
facility, time limits, and extensions, shall be in accordance with Chapter 20.54 (Permit
Implementation, Time Limits, and Extensions).
C. B. Appeals. Any appeal of the decision of the review authority of an application
for a telecomConditional Approvals. The approval authority may impose any reasonable
conditions on any minor use permit, related and proportionate to the subject matter in the
application, as the approval authority deems necessary or appropriate to promote and
ensure conformance with the General Plan, any applicable specific plan and all applicable
provisions in this Code.
D. Limited Exception for Personal Wireless Service Facilities. The Director shall not
grant any limited exceptions to the requirements of this chapter unless all of the following
findings can be made:
1. The proposed facility qualifies as a personal wireless service facility shall as
defined by this chapter;
2. The applicant has provided the Director with a reasonable and clearly defined
technical service objective to be processedachieved by the proposed facility;
3. The applicant has provided the Director with a written statement that contains
a detailed and fact-specific explanation as to why the proposed facility cannot
be deployed in compliance with the applicable provisions in this chapter, the
Newport Beach Municipal Code, the General Plan and/or any specific plan;
4. The applicant has provided the Director with a meaningful comparative analysis
with the factual reasons why all alternative locations and/ or designs identified
in the administrative record (whether suggested by the applicant, the City,
public comments or any other source) are not technically feasible or potentially
available to reasonably achieve the applicant’s reasonable and clearly defined
technical service objective to be achieved by the proposed facility; and
5. The applicant has demonstrated that the proposed location and design is the
least noncompliant configuration that shall reasonably achieve the applicant’s
reasonable and clearly defined technical service objective to be achieved by
the proposed facility, which includes, without limitation, a meaningful
comparative analysis into multiple smaller or less intrusive facilities dispersed
throughout the intended service area.
E. Appeals. Any person or entity may appeal a decision by the Director in accordance
with the standards and procedures set forth in Chapter 20.64 (Appeals). (Ord. 2014-1 §
10 (part), 2014)Environmental effects from RF emissions that comply with all applicable
FCC regulations shall not be grounds for an appeal.
20.49.080 Agreement for Use of City-Owned or City-Held Trust Property.
In applying for a permit pursuant to this chapter, all telecom facilities located on City-
owned or City-held trust property shall require a license agreement approved as to form
Planning Commission - March 5, 2026 Item No. 4a - Addiitonal Materials Received from Staff Wireless Service Facilities Code Amendments (PA2021-103)
by the City Attorney, and as to substance (including, but not limited to, compensation,
term, insurance requirements, bonding requirements, and hold harmless provisions) by
the City Manager, consistent with provisions of this Code and any applicable provisions
of the City Council Policy Manual.
Prior to City approval of a license agreement, the applicant shall obtain a MUP, CUP,
LTP or ZC. Upon the issuance of a MUP, CUP, LTP or ZC, as required, and with an
approved license agreement, the applicant shall obtain any and all necessary ministerial
permits, including encroachment permits for work to be completed in the public right-of-
way and building permits, etc. All costs of said permits shall be at the sole and complete
responsibility of the applicant. All work shall be performed in accordance with the
applicable City standards and requirements. (Ord. 2023-22 § 925, 2023; Ord. 2014-1 §
10 (part), 2014)
20.49.090 Modification and Collocation of Existing Telecom Facilities.
Notwithstanding any provision in this chapter, a request to modify an existing facility that
involves the collocation of new transmission equipment, the removal of existing
transmission equipment, or the replacement of existing transmission equipment shall be
subject to administrative review and approval of a ZC without processing any
discretionary permit provided that such modification does not substantially change the
existing facility from the original permit for the facility. A substantial change means a
single change, or series of changes over time, that exceeds five percent of the physical
dimensions of the original approved telecom facility, or as otherwise defined by
applicable provisions of State or Federal law.
Each application submitted under this section for a modification or collocation to an
existing telecom facility shall be accompanied by:
A. A detailed description of the proposed modifications to the existing telecom
facility(ies);
B. A photograph or description of the telecom facility as originally constructed, if
available; a current photograph of the existing facility; and, a graphic depiction of the
facility after modification showing all relevant dimensions;
1. C. A detailed description of all construction that will be performed in
connection with the proposed modification; and
1. D. A written statement signed and stamped by a professional engineer,
licensed and qualified in California, attesting that the proposed modifications
do not constitute a substantial change of the existing permitted facility.
Any permit issued will be conditioned upon the accuracy of the application, and may be
revoked, and the telecom facility shall be removed and restored to its pre-modification
condition if any material statement made with respect to the facility application is false
or the modifications as actually made would have required a discretionary review had
the plan for the facility accurately depicted the modifications. (Ord. 2014-1 § 10 (part),
2014)
Planning Commission - March 5, 2026 Item No. 4a - Addiitonal Materials Received from Staff Wireless Service Facilities Code Amendments (PA2021-103)
20.49.100 Operational and Radio Frequency Compliance and Emissions Report.
At all times, the operator shall ensure that its telecom facilities comply with the most
current regulatory, operations standards, and radio frequency emissions standards
adopted by the FCC. The operator shall be responsible for obtaining and maintaining
the most current information from the FCC regarding allowable radio frequency
emissions and all other applicable regulations and standards. Said information shall be
made available by the operator upon request at the discretion of the Community
Development Director.
Upon the request, and at the discretion of, the Community Development Director, a
radio frequency (RF) compliance and emissions report shall be prepared by a qualified
RF engineer acceptable to the City and submitted. The RF compliance and emissions
report must demonstrate that the facility is operating at the approved frequency and
complies with FCC standards for radio frequency emissions safety as defined in 47
C.F.R. Section 1.1307 et seq. Such report shall be based on actual field transmission
measurements of the facility operating at its maximum effective radiated power level,
rather than on estimations or computer projections. If the report shows that the facility
does not comply with the FCC’s “General Population/Uncontrolled Exposure” standard
as defined in 47 C.F.R. Section 1.1310 Note 2 to Table 1, the Director shall require use
of the facility be suspended until a new report has been submitted confirming such
compliance. (Ord. 2014-1 § 10 (part), 2014)
20.49.110 Right to Review, Revoke or Modify a Permit. Standard Conditions of
Approval.
The reservation of right to review any permit for a telecom facility granted by the City is
in addition to, and not in lieu of, the right of the City to review and revoke or modify any
permit granted or approved hereunder for any violations of the conditions imposed on
such permit. (Ord. 2014-1 § 10 (part), 2014)
In addition to all other conditions adopted by the approval authority, all minor use
permits, whether approved by the approval authority or deemed approved by the
operation of law, shall be automatically subject to the conditions set forth below:
A. Approved Plans. Before the permittee submits any applications to the Building
Division, the permittee must incorporate the permit, all conditions associated with the
permit and the approved photo simulations into the project plans (the “Approved Plans”).
The permittee must construct, install and operate the facility in strict compliance with the
Approved Plans. Any alterations, modifications or other changes to the Approved Plans,
whether requested by the permittee or required by other departments or public agencies
with jurisdiction over the facility, must be submitted in a written request subject to the
Director’s prior review and approval, who may refer the request to the original approval
authority if the Director finds that the requested alteration, modification or other change
implicates a significant or substantial land-use concern.
B. Build-Out Period. In accordance with Section 20.54.060 (Time Limits and
Extensions), the permit shall automatically expire two (2) years from the issuance date
unless the permittee obtains all other permits and approvals required to install, construct
and/ or operate the approved facility, which includes, without limitation, any permits or
Planning Commission - March 5, 2026 Item No. 4a - Addiitonal Materials Received from Staff Wireless Service Facilities Code Amendments (PA2021-103)
approvals required by the any Federal, State or local public agencies with jurisdiction over
the subject property, the facility or its use. The Director may grant one written extension
to a date certain when the permittee shows good cause to extend the limitations period
in a written request for an extension received by the City prior to the automatic expiration
date in this condition.
C. Maintenance Obligations; Vandalism. The permittee shall at all times keep the site,
which includes, without limitation, any and all improvements, equipment, structures,
access routes, fences and landscape features, in a neat, clean and safe condition in
accordance with the Approved Plans and all conditions in the permit. The permittee shall
keep the site area free from all litter and debris at all times. The permittee, at no cost to
the City, shall remove and remediate any graffiti or other vandalism at the site within forty
eight (48) hours after the permittee receives notice or otherwise becomes aware through
its own staff including contractors that such graffiti or other vandalism occurred.
D. Compliance with Laws. The permittee shall maintain compliance at all times with
all Federal, State and local statutes, regulations, orders or other rules that carry the force
of law (“Laws”) applicable to the permittee, the subject property, the facility or any use or
activities in connection with the use authorized in the permit. The permittee expressly
acknowledges and agrees that this obligation is intended to be broadly construed and
that no other specific requirements in these conditions are intended to reduce, relieve or
otherwise lessen the permittee’s obligations to maintain compliance with all Laws.
E. Inspections; Emergencies. The permittee expressly acknowledges and agrees that
the City or its designee may enter onto the site and inspect the improvements and
equipment upon reasonable prior notice to the permittee; provided, however, that the City
or its designee may, but shall not be obligated to, enter onto the site area without prior
notice to support, repair, disable or remove any improvements or equipment in
emergencies or when such improvements or equipment threatens actual, imminent harm
to property or persons. The permittee shall be permitted to supervise the City or its
designee while such inspection or emergency access occurs.
F. Contact Information. The permittee shall furnish the City Planning Division with
accurate and up-to-date contact information for the facility, which includes, without
limitation, direct telephone number and/or an email address. The permittee shall keep
such contact information up-to-date at all times.
G. Indemnification.
To the fullest extent permitted by law, the permittee shall indemnify, defend and hold
harmless City, its City Council, boards and commissions, officers, agents, volunteers,
employees (collectively, the “Indemnified Parties”) from and against any and all: (1) claims
(including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys’
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, “Claims”), and which relate (directly or indirectly) to the negligence,
recklessness, or willful misconduct of the permittee or its principals, officers, agents,
employees, vendors, suppliers, subconsultants, subcontractors, anyone employed
Planning Commission - March 5, 2026 Item No. 4a - Addiitonal Materials Received from Staff Wireless Service Facilities Code Amendments (PA2021-103)
directly or indirectly by any of them or for whose acts they may be liable, or any or all of
them; and (2) claims brought against the Indemnified Parties to challenge, attack, seek
to modify, set aside, void or annul the City’s approval of any permit or regulatory approval
authorized by the City under this chapter.
Notwithstanding the foregoing, nothing herein shall be construed to require the permittee
to indemnify the Indemnified Parties from any Claim arising from the sole negligence,
active negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorneys’ fees in any action on
or to enforce the terms of this Agreement. This indemnity shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do
not act as a limitation upon the amount of indemnification to be provided by the permittee.
If the City becomes aware of any claims, the City shall use best efforts to promptly notify
the permittee and shall reasonably cooperate in the defense. The permittee expressly
acknowledges and agrees 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 promptly reimburse the City for
any costs and expenses directly and necessarily incurred by the City in the course of the
defense.
H. Revocation/Modification of Permit. The original approval authority may revoke or
modify the permit at any time based upon noncompliance with the Newport Beach
Municipal Code or any approval conditions. In accordance with Chapter 20.68
(Enforcement), the approval authority may revoke the permit or amend these conditions
as the approval authority deems necessary or appropriate to correct any such
noncompliance.
I. Duty to Retain Records. The permittee must maintain complete and accurate
copies of all permits and other regulatory approvals (the records) issued in connection
with the personal wireless service facility, which includes, without limitation, this approval,
the approved plans and photo simulations incorporated into this approval, all conditions
associated with this approval and any ministerial permits or approvals issued in
connection with this approval. If the permittee does not maintain such records as required
in this condition or fails to produce true and complete copies of such records within a
reasonable time after a written request from the City, any ambiguities or uncertainties that
would be resolved through an inspection of the missing records shall be construed against
the permittee.
20.49.120 Removal of Telecom. Temporary Personal Wireless Service Facilities.
A. A. Temporary Personal Wireless Service Facilities—Non-Emergencies. The
Zoning Administrator may approve or conditionally approve an LTP for a temporary
personal wireless service facility for a period between four (4) days and ninety (90) days,
inclusive, in accordance with Section 20.52.040 (Limited Term Permits) only when the
Zoning Administrator finds all the following:
1. The proposed temporary personal wireless service facility shall not exceed fifty
(50) feet in overall height above ground level;
Planning Commission - March 5, 2026 Item No. 4a - Addiitonal Materials Received from Staff Wireless Service Facilities Code Amendments (PA2021-103)
2. The proposed temporary personal wireless service facility complies with all
setback requirements applicable to the proposed location;
3. The proposed temporary personal wireless service facility shall not involve any
excavation or ground disturbance;
4. The proposed temporary personal wireless service facility shall be compliant
with all generally applicable public health and safety laws and regulations,
which includes, without limitation, maximum permissible exposure limits for
human exposure to RF emissions established by the FCC;
5. The proposed temporary personal wireless service facility shall not create any
nuisance or violate any noise limits applicable to the proposed location;
6. The proposed temporary personal wireless service facility shall be identified
with a sign that clearly identifies the site permittee and contains a working
telephone number to a live person who can exert power-down control over the
antennas;
7. The proposed wireless temporary personal wireless service facility shall be
removed within five (5) days after the expiration of the temporary use permit;
8. The applicant has not received any other temporary use permit for substantially
the same location within the previous ninety (90) calendar days; and
9. The applicant has not sought approval for any permanent personal wireless
service facility in substantially the same location within the previous three
hundred sixty five (365) days.
B. Temporary Personal Wireless Service Facilities—Emergencies.
1. Temporary personal wireless service facilities may be placed and operated
within the City for more than three (3) days without a limited term permit only
when a duly-authorized Federal, State, county or City official declares an
emergency within the City, or a region that includes the City in whole or in
part at the location of the temporary personal wireless service facility.
2. By placing the temporary personal wireless service facility pursuant to this
subsection (B), the entity or person placing the temporary personal wireless
service facility agrees to and shall defend, indemnify and hold harmless the
City, its agents, officers, officials, employees and volunteers from any and all
damages, liabilities, injuries, losses, costs and expenses and from any and all
claims, demands, law suits, writs and other actions or proceedings (“Claims”)
brought against the City or its agents, officers, officials, employees or
volunteers for any and all Claims of any nature related to the installation, use,
non-use, occupancy, removal, and disposal of the temporary personal wireless
service facility; provided, however, the permittee and, if applicable, the property
owner upon which the facility is installed, shall not defend, indemnify, or hold
harmless the City, agents, officers, officials, employees and volunteers due to
the negligence, gross negligence, or willful misconduct of the City, agents,
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officers, officials, employees, and volunteers.
3. The temporary personal wireless service facility shall prominently display upon
it a legible notice identifying the entity responsible for the placement and
operation of the temporary personal wireless service facility.
4. Any temporary personal wireless service facilities placed pursuant to this
subsection (B) must be removed within: (a) five (5) days after the date the
emergency is lifted; or (b) upon three (3) days’ written notice from the Director
or City Manager; or (c) within one hour if required for public safety reasons by
City police or fire officials (whichever occurs first). If the temporary facility is not
removed as required in this subsection (B), the City may at its sole election
remove and store or remove and dispose of the temporary facility at the sole
cost and risk of the person or entity placing the temporary facility.
C. Temporary Personal Wireless Service Facilities—Construction.
Temporary personal wireless service facilities may be placed and operated within the
City without an LTP only if they coincide with an active building permit for construction on
the same site. This exception applies only when necessary to maintain pre-existing
coverage while a permanent facility is being impacted by construction.
1. By placing the temporary personal wireless service facility pursuant to this
subsection (C), the entity or person placing the temporary personal wireless
service facility agrees to and shall defend, indemnify and hold harmless the
City, its agents, officers, officials, employees and volunteers from any and all
damages, liabilities, injuries, losses, costs and expenses and from any and all
Claims brought against the City or its agents, officers, officials, employees or
volunteers for any and all Claims of any nature related to the installation, use,
non-use, occupancy, removal, and disposal of the temporary personal wireless
service facility; provided, however, the permittee and, if applicable, the property
owner upon which the facility is installed, shall not defend, indemnify, or hold
harmless the City, agents, officers, officials, employees and volunteers due to
the negligence, gross negligence, or willful misconduct of the City, agents,
officers, officials, employees, and volunteers.
2. The temporary personal wireless service facility shall prominently display upon
it a legible notice identifying the entity responsible for the placement and
operation of the temporary personal wireless service facility.
3. The proposed temporary personal wireless service facility shall not exceed fifty
(50) feet in overall height above ground level.
4. Any temporary personal wireless service facilities placed pursuant to this
subsection (C) must be removed, at no cost to the City, within: (a) five (5) days
after the date the relevant building permit receives final inspection; (b) upon
three (3) days’ written notice from the Director or City Manager; or (c) within
one hour if required for public safety reasons by City police or fire officials
(whichever occurs first). If the temporary facility is not removed as required in
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this subsection (C), the City may at its sole election remove and store or remove
and dispose of the temporary facility at the sole cost and risk of the person or
entity placing the temporary facility.
D. The Zoning Administrator’s decision pursuant to subsection (A) of this section shall
be final and not subject to further administrative appeal.
20.49.130. Compliance Obligations.
An applicant or permittee shall not be relieved of its obligation to comply with every
applicable provision in this Code, any permit, any permit condition or any applicable law
or regulation by reason of any failure by the City to timely notice, prompt or enforce
compliance by the applicant or permittee.
20.49.140. Removal and Abandonment of Wireless Facilities.
A. Discontinued Use. Any telecom operatorpermittee who intends to abandon or
discontinue use of a telecompersonal wireless service facility must notify the Community
Development Director by certified mail no less than thirty (30) days prior to such
abandonment or discontinuance of use. The telecom operatorpermittee or owner of the
affected real property shall have ninety (90) days from the date of abandonment or
discontinuance, or a reasonable additional time as may be approved by the Community
Development Director, within which to complete one of the following actions:
1. Reactivate use of the telecompersonal wireless service facility.
2. Transfer the rights to use the telecompersonal wireless service facility to
another telecom operatorpermittee and the telecom operatorpermittee
commences use within a reasonable period of time as determined by the
Community Development Director.
3. Remove the telecompersonal wireless service facility and restore the site.
B. Abandonment. Any telecompersonal wireless service facility that is not operated for
transmission and/or reception for a continuous period of ninety (90) days or whose telecom
operatorpermittee did not remove the facility in accordance with subsection (A) of this
section shall be deemed abandoned. Upon a finding of abandonment, the City shall provide
notice to the telecom operatorpermittee last known to use such facility and, if applicable,
the owner of the affected real property, providing thirty (30) days from the date of the
abandonment notice within which to complete one of the following actions:
1. Reactivate use of the telecompersonal wireless service facility.
2. Transfer the rights to use the telecompersonal wireless service facility to
another telecom operatorpermittee who has agreed to reactivate the facility
within thirty (30) days of the transfer.
3. Remove the telecompersonal wireless service facility and restore the site.
C. Removal by City.
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1. The City may remove an abandoned telecompersonal wireless service
facility, repair any and all damage to the premises caused by such removal,
and otherwise restore the premises as is appropriate to be in compliance with
applicable codes at any time after thirty (30) days following the notice of
abandonment.
2. If the City removes an abandoned telecompersonal wireless service facility,
the City may, but shall not be required to, store the removed facility or any part
thereof. The owner of the premises upon which the abandoned facility was
located and all prior operatorspermittees of the facility shall be jointly liable for
the entire cost of such removal, repair, restoration and storage, and shall remit
payment to the City promptly after demand therefor is made. In addition, the
City Council, at its option, may utilize any financial security required in
conjunction with granting the telecom permit as reimbursement for such costs.
Also, in lieu of storing the removed facility, the City may convert it to the City’s
use, sell it, or dispose of it in any manner deemed by the City to be appropriate.
a. D. City Lien on Property. Until the cost of removal, repair, restoration, and
storage is paid in full, a lien shall be placed on the abandoned personal property
and any real property on which the telecompersonal wireless service facility was
located for the full amount of all costs incurred by the City for the removal, repair,
restoration and storage. The City Clerk shall cause the lien to be recorded with
the Orange County Recorder, with the costs of filing, processing, and release of
such City lien being added to the other costs listed in this subsection.Screening
materials shall match in color, size, proportion, style, and quality with the
exterior design and architectural character of the structure and the surrounding
visual environment. If determined necessary by the reviewing authority,
screening to avoid adverse impacts to views from land or buildings at higher
elevations shall be required.
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Attachment No. PC 5
Redline-Strikeout Chapter 21.49
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Wireless Service Facilities Code Amendments (PA2021-103)
Chapter 21.49
PERSONAL WIRELESS TELECOMMUNICATIONSSERVICE FACILITIES
Sections:
21.49.010 Purpose.
21.49.020 Effect of Chapter.
21.49.030 Definitions.
21.49.030 Applicability.
21.49.040 Telecom Facility Preferences and Prohibited Locations.
21.49.050 General Development and Design Standards.
21.49.090 060 Modification and Collocation of Existing Telecom
Facilities.
21.49.120 070 Removal of TelecomPersonal Wireless Service Facilities.
21.49.010 Purpose.
A.
The purpose and intent of this chapter is to provideestablish reasonable and uniform
standards and procedures for the personal wireless service facilities deployment,
construction, installation, collocation, modification, operation and maintenance of
wireless telecommunication facilities (“telecom facilities”), relocation and removal on all
property including the public and private property right-of-way within the City’s territorial
boundaries, consistent with State and Federaland to the extent permitted under federal
and state law while ensuring . The regulations contained herein are designed to protect
and promote the public health and safety, minimizing while preserving the visual effects
of telecom facilities onCity’s unique coastal resources, public streetscapes,
protectingaccess, sensitive habitats, public views, and otherwise avoiding and mitigating
the visual impacts of telecom facilities on the community and scenic qualities as set forth
within the goals, objectives and policies of the General Plan, Coastal Land Use Plan,
Local Coastal Program, and California Coastal Act.
B. Telecom facilities shall utilize the least obtrusive available technology in order to
reduce or minimize the number of telecom facilities in the City and minimize their visual
impact on the community.
C. The provisions of this chapter are not intended and shall not be interpreted to
prohibit or to have the effect of prohibiting telecommunication services. This chapter
shall be applied to providers, operators, and maintainers of telecommunication services
regardless of whether authorized by or subject to State or Federal regulations. This
chapter shall not be applied in such a manner as to unreasonably discriminate among
providers of functionally equivalent telecommunication services. (Ord. 2016-19 § 9 (Exh.
A)(part), 2016)
21.49.020 Effect of Chapter.
A. Regulatory Scope. These regulations are applicable to all telecom facilities as
defined herein and that provide wireless voice and/or data transmission such as, but not
limited to, cell phone, Internet, and radio relay stations.
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B. Permit and Agreement Required. Prior to installation or modification of any
telecom facility in the City, the applicant shall obtain a coastal development permit that
is consistent with the provisions of this Local Coastal Program.
C.Exempt Facilities. The following types of telecom facilities are exempt from the
provisions of this chapter unless the provisions of Chapter 21.52 require a coastal
development permit:
1. Amateur radio antennas and receiving satellite dish antennas, and citizen
band radio antennas.
2. Dish and other antennas subject to the FCC Over-the-Air Reception Devices
(“OTARD”) rule, 47 C.F.R. Section 1.4000 that are designed and used to receive
video programming signals from (a) direct broadcast satellite services, or (b)
television broadcast stations, or (c) for wireless cable service.
3. During an emergency, upon following the requirements of Section 21.52.025,
the City Manager, Director of Emergency Services or Assistant Director of
Emergency Services shall have the authority to approve the placement of a telecom
facility in any district on a temporary basis not exceeding ninety (90) calendar days
from the date of authorization. Such authorization may be extended by the City on a
showing of good cause.
4. Facilities exempt from some or all of the provisions of this chapter by
operation of State or Federal law to the extent so determined by the review
authority.
5. Antenna and support equipment systems installed or operated at the direction
of the City or its contractor.
6. Antenna and support equipment systems installed entirely within buildings for
the sole purpose of providing wireless telecommunications or data transmission
services to building occupants.
D. Other Regulations. Notwithstanding the provisions of this chapter, all telecom
facilities within the City shall comply with the following requirements:
1. Rules, regulations, policies, or conditions in any permit, license, or agreement
issued by any local, State or Federal agency which has jurisdiction over the telecom
facility.
2. Rules, regulations and standards of the Federal Communications Commission
(FCC) and the California Public Utilities Commission (CPUC).
E.Regulations Not in Conflict or Preempted. All telecom facilities within the City shall
comply with the following requirements unless in conflict with or preempted by the
provisions of this chapter:
1.1. All applicable City design guidelines and standards.
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2.1. 2.Requirements established by any other provision of this
Implementation Plan and by any other ordinance and regulation of the City.
21.49.020F. Definitions.
The abbreviations, phrases, terms, and words shall have the meanings assigned to them
in this section. If any definition assigned to any phrase, term, or word in this section
conflicts with any federal or state-mandated definition, the federal or state-mandated
definition shall control.
“Antenna” means the same as defined in 47 CFR Section 1.6002(b), as may be amended
or superseded, which currently defines the term as an apparatus designed for the
purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a
fixed location pursuant to Commission authorization, for the provision of personal
wireless service and any commingled information services. For purposes of this
definition, the term antenna does not include an unintentional radiator, mobile station, or
device authorized under 47 CFR Part 15.
Legal Nonconforming Facility. Any telecom facility that was lawfully constructed, erected,
or approved prior to February 27, 2014, that is operating in compliance with all applicable
laws, and which facility does not conform to the requirements of this chapter shall be
deemed a legal nonconforming facility. Legal nonconforming facilities shall comply at all
times with the laws, ordinances, regulations, and any conditions of approval in effect at
the time the facility was approved, and any regulations pertaining to legal, nonconforming
uses or structures that may be applicable pursuant to provisions of this Implementation
Plan or Federal and State laws as they may be amended or enacted, in the future. (Ord.
2016-19 § 9 (Exh. A)(part), 2016)
21.49.030 Definitions.
For the purposes of this chapter, the following definitions shall apply:
A. Antenna. “Antenna” means a device used to transmit and/or receive radio or
electromagnetic waves between earth and/or satellite-based systems, such as reflecting
discs, panels, microwave dishes, whip antennas, antennas, arrays, or other similar
devices.
B. Antenna Array. “Antenna array” means antennas having transmission and/or
reception elements extending in more than one direction, and directional antennas
mounted upon and rotated through a vertical mast or tower interconnecting the beam and
antenna support structure, all of which elements are deemed to be part of the antenna.
C. Base Station. “Base station” means the electronic equipment and appurtenant
support equipment at a telecom facility installed and operated by the telecom operator
that together perform the initial signal transmission and signal control functions. A base
station does not include the antennas, antenna support structure, or any portion of
distributed antenna system (DAS).
D. Collocation. “Collocation” means an arrangement whereby multiple telecom
facilities are installed on the same building or structure.
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E. Distributed Antenna System (DAS).
“Base station” means the same as defined in 47 CFR Section 1.6100(b)(1), as may be
amended or superseded, which currently defines that term as 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 in 47 C.F.R. 1.6100(b)(9) or any equipment associated with a tower.
The term includes, but is not limited to, 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.
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). 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 47 C.F.R. § 1.6100(b)(1)(i)-(ii) 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. 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 47 C.F.R. § 1.6100(b)(1)(i)-(ii).
“Collocation” means (a) for the purposes of any eligible facilities request, the same as
defined by 47 CFR Section 1.6100(b)(2), as may be amended, which currently defines
the term as 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. As an illustration and not a limitation, “collocation” as defined
herein, effectively means “to add” and does not necessarily refer to more than one
personal wireless service facility installed at a single site; and (b) for all other purposes,
has the same definition as is found in 47 CFR Section 1.6002(g), as may be amended,
which defines the term as (1) mounting or installing an antenna facility on a pre-existing
structure; and/or (2) modifying a structure for the purpose of mounting or installing an
antenna facility on that structure.
“Distributed antenna system (DAS)” means a network of one or more antennas and fiber
optic nodes typically mounted to streetlight poles, or utility structures, which provide
access and signal transfer services to one or more third-party wireless service providers.
DAS also includes the equipment location, sometimes called a “hub” or “hotel,”” where
the DAS network is interconnected with third-party wireless service providers to provide
the signal transfer services.
F.
“Facility Classes. Classes” refers to the classes of telecompersonal wireless service
facilities and the attendant support equipment, which are categorized into the following
classesas follows:
1.Class 1 (Stealth/Screened): a facility with antennas mounted on an existing or
proposed nonresidential building or other structure not primarily intended to be
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an antenna support structure where antennas and support equipment,
including the base station, are fully screened so that they are not visible to the
general public.
2.Class 2 (Visible Antennas): a facility with antennas mounted on an existing
nonresidential building, structure, pole, light standard, utility tower, wireless
tower and/or lattice tower.
3.Class 3 (Public Right-of-Way Installations): a facility with antennas installed on
a structure located in the public right-of-way., as regulated by Chapter 13.22
(Personal Wireless Service Facilities in the Public Right-of-Way).
4.Class 4 (Freestanding Structure): a facility with antennas mounted on a new
freestanding structure constructed for the sole or primary purpose of supporting
the telecompersonal wireless service facility.
5.Class 5 (Temporary): a personal wireless service facility including associated
support equipment that is installed at a site on a temporary basis pursuant to a
limited- term permit. A Class 5 installation may also be installed in connection
with a special event upon the approval of a special events permit pursuant to
Chapter 11.03 with or without a limited- term permit.
G. FCC. “FCC” means the Federal Communications Commission, or the Federal
regulatoryits duly appointed successor agency charged with regulating interstate and
international communications by radio, television, wire, satellite, and cable. .
H. Feasible or Feasibly.
“Feasible” or “feasibly” means capable of being accomplished in a successful manner
within a reasonable period of time, taking into account environmental, physical, legal and
technological factors.
I. Lattice Tower.
“Personal wireless services” means the same as defined in 47 USC Section
332(c)(7)(C)(i), as may be amended, which currently defines the term as commercial
mobile services, unlicensed wireless services, and common carrier wireless exchange
access services.
“Personal wireless service facilities” means the same as defined in 47 USC Section
332(c)(7)(C)(ii), as may be amended, which currently defines the term as facilities that
provide personal wireless services.
“Lattice tower” means a freestanding open framework structure used to support antennas,
typically with three or four support legs of open metal crossbeams or crossbars.
J. Monopole. “Monopole” means a single free-standing pole or pole-based structure
solely used to act as or support a telecoman antenna or antenna arrays.
K. Operator or Telecom Operator. “Operator” or “telecom operator” means any
person, firm, corporation, company, or other entity that directly or indirectly owns,
leases, runs, manages, or otherwise controls a telecom facility or facilities within the
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City. The definition of operator or telecom operator does not include a property owner(s)
that leases property to an operator for a telecom facility.
L. Public Right-of-Way. “Public right-of-way” (“PROW”)“Permittee” means the owner
of a personal wireless service facility that has obtained permission through issuance of a
wireless facility permit or 6409(a) applicant to construct, install, modify, collocate,
relocate, or otherwise deploy personal wireless service facilities in the public right-of-way.
Said owner shall possess the appropriate legal authority to construct, install, modify,
collocate, relocate, or otherwise deploy personal wireless service facilities in the public
right-of-way.
“Personal wireless services” means the same as defined in 47 USC Section
332(c)(7)(C)(i), as may be amended, which currently defines the term as commercial
mobile services, unlicensed wireless services, and common carrier wireless exchange
access services.
“Personal wireless service facility(ies)” or “facility(ies)” means the same as defined in 47
USC Section 332(c)(7)(C)(ii), as may be amended, which currently defines the term as
facilities that provide personal wireless services.
“Public right-of-way” means the same as defined in Section 13.20.20 of this Code, which
currently defines the term as the improved or unimproved surface of any public and the
space above and below a City easement for public utility purposes, or street, or
similar public way of any nature, dedicated or improved for vehicular, bicycle, and/or
pedestrian related use. PROW includes public streets, roads, lanes, alleys, sidewalks,
medians, parkways and landscaped lots. The PROW does not include private streets
now or hereafter held by City, however acquired.
M. Stealth or Stealth Facility.
“Stealth” or “stealth facility” means a telecompersonal wireless service facility in which the
antenna, and the support equipment, are completely hidden from view such as in a
monument, cupola, pole-based structure, or other concealing structure which either
mimics, or which also serves as, a natural or architectural feature. Concealing structures
which are obviously not such a natural or architectural feature to the average reasonable
observer do not qualify within this definition. For example, an artificial tree may not be
considered to be a stealth facility.
N. Support Equipment.
“Support equipment” means the physical, electrical and/or electronic equipment included
within a telecompersonal wireless service facility used to house, power, and/or contribute
to the processing of signals from or to the facility’s antenna or antennas, including but not
limited to a base station, cabling, air conditioning units, equipment cabinets, pedestals,
and electric service meters. Support equipment does not include DAS, antennas or the
building or support structure to which the antennas or other equipment are attached.
O. Telecommunication(s) Facility, Telecom Facility, Telecom Facilities, Wireless
Telecommunications Facility, or Facility. “Telecommunication(s) facility,” “telecom
facility,” “telecom facilities,” “wireless telecommunications facility,” or simply “facility” or
“facilities” means an installation that sends and/or receives wireless radio frequency
signals or electromagnetic waves, including but not limited to directional, omni-
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directional and parabolic antennas, structures or towers to support receiving and/or
transmitting devices, supporting equipment and structures, and the land or structure on
which they are all situated. The term does not include mobile transmitting devices, such
as vehicle or hand-held radios/telephones and their associated transmitting antennas.
P. Utility Pole.
“Tower” means the same as defined in 47 CFR Section 1.60001(b)(9), as amended,
which currently defines the term as any structure built for the sole or primary purpose of
supporting any Commission-licensed or authorized antennas and their associated
facilities, including structures that are constructed for wireless communications 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.
“Utility pole” means a single freestanding pole used to support services provided by a
public or private utility provider.
Q. Utility Tower.
“Utility tower” shall mean an open framework structure (see lattice tower) or steel pole
used to support electric transmission facilities.
21.49.030 Applicability.
A.Applicable Facilities. This chapter applies to all applications and requests for
approval to construct, install, modify, collocate, relocate or otherwise deploy personal
wireless service facilities in the City’s coastal zone that constitute development as defined
in Chapter 21.70 and requires either: (1) a de minimis waiver pursuant Section 21.52.055;
or (2) a coastal development permit pursuant to Chapter 21.52 (Coastal Development
Review Procedures), consistent with the provisions of this Implementation Plan.
B.Exempt Facilities. Notwithstanding subsection (A) of this section, the provisions in
this chapter shall not be applicable to the facilities listed in this subsection (B):
1.Amateur radio facilities;
2.OTARD antennas;
3.Personal wireless service facilities installed completely indoors and not visible
to the public intended to extend signals for personal wireless services in a
personal residence or a business (such as a femtocell or indoor distributed
antenna system);
4.Personal wireless service facilities or equipment owned and operated by
CPUC-regulated electric companies for use in connection with electrical power
generation, transmission and distribution facilities subject to CPUC General
Order 131-D;
5.During an emergency, upon following the requirements of Section 21.52.025,
the City Manager, Director of Emergency Services or Assistant Director of
Emergency Services shall have the authority to approve the placement of a
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personal wireless service facility in any district on a temporary basis not
exceeding ninety (90) calendar days from the date of authorization. Such
authorization may be extended by the City on a showing of good cause;
6.The placement and operation of any personal wireless service facility within the
public right-of-way is exempt, provided that the facility is mounted to an existing
structure or a replacement structure sited within three feet of the existing
location. If the placement and operation of any personal wireless service facility
within the public right-of-way would result in impacts to public access, scenic
resources, ESHA, and other coastal resources, it requires a coastal
development permit, and the City may require reasonable conditions to avoid
or mitigate any impacts on coastal resources;
7.Any collocation or modification that the City may not deny under federal or state
law; and
8.Any personal wireless service facilities or associated infrastructure that are
developed, installed, managed, or operated by the City, for the City, or under
the City’s direction, or located on real property owned by the City, held in trust
by the City, or in which the City maintains a legal or equitable interest and
installed pursuant to a lease, license, franchise agreement or other agreement
between the City and any third party (whether public or private).
The exemption from provisions in this chapter shall not exempt the same facilities from
the provisions and building permit requirements in Title 15 (Buildings and Construction).
C.Other Permits and Regulatory Approvals. In addition to any permit required under
this chapter, the applicant must obtain and comply with all other required authorizations
and permits and all other regulatory approvals from all City departments, and state and
federal agencies.
D.Proprietary Approvals. Nothing in this chapter shall be deemed to waive any
required proprietary approvals for siting of personal wireless service facilities on privately
or publicly owned property or improvements.
E.Non-Exclusive Grant. No permit or approval granted under this chapter shall confer
any exclusive right, privilege, license or franchise to occupy or use the public right-of-way
of the City for any purpose whatsoever. Further, no approval shall be construed as any
warranty of title.
F.Regulations Not in Conflict or Preempted. All personal wireless service facilities
within the City shall comply with the following requirements unless in conflict with or
preempted by the provisions of this chapter:
1.Notwithstanding any other portion of this Section 21.49.030, personal wireless
service facilities are not exempt from compliance with the general development
and design standards in Section 21.49.050.
2.All applicable City design guidelines and standards.
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3.Requirements established by any other provision of this Implementation Plan
and by any other ordinance and regulation of the City.
G. Legal Nonconforming Facility. R. Wireless Tower. “Wireless tower” means any
structure built for the sole or primary purpose of supporting antennas used to provide
wireless services authorized by the FCC. A distributed antenna system (DAS) installed
pursuant to a Certificate of Public Convenience and Necessity (CPCN) issued by the
California Public Utilities Commission on a water tower, utility tower, streetlight, or other
structures built or rebuilt or replaced primarily for a purpose other than supporting
wireless services authorized by the FCC, including any structure installed pursuant to
California Public Utilities Code Section 7901, is not a wireless tower for purposes of this
definition. For an example only, a prior-existing streetlight standard which is replaced
with a new streetlight standard to permit the addition of antennas shall not be
considered a wireless tower, but rather a replacement streetlight standard. (Ord. 2025-
14 § 1 (Exh. A § 18), 2025; Ord. 2016-19 § 9 (Exh. A)(part), 2016)Any personal wireless
service facility that was lawfully constructed, erected, or approved prior to <DATE OF
EFFECTIVENESS>, that is operating in compliance with all applicable laws, and which
facility does not conform to the requirements of this chapter shall be deemed a legal
nonconforming facility. Legal nonconforming facilities shall comply at all times with the
laws, ordinances, regulations, and any conditions of approval in effect at the time the
facility was approved, and any regulations pertaining to legal, nonconforming uses or
structures that may be applicable pursuant to provisions of this Code or federal and
state law as they may be amended or enacted, in the future.
21.49.040 Telecom Facility Preferences and Prohibited Locations.
A.Preferred Locations. To limit the adverse visual effects of and proliferation of new
or individual telecompersonal wireless service facilities in the City, the following list
establishes the order of preference of facilities, from the most preferred (1) to least
preferred (4):
1.Collocation of a new personal wireless service facility at an existing facility.
2.Class 1.
3.Class 2 and Class 3.
4.Class 4.
B.Prohibited Locations. TelecomPersonal wireless service facilities are prohibited in
the following locations:
1.On properties zoned for single-unit or two-unit residential development
including equivalent designations within a Planned Community Districtplanned
community district or specific plan districts except if located on common area
lots developed with community facilities, landscape lots, or private streets.;
2.On properties zoned for multi-unit residential development and mixed-use
development including equivalent Planned Community Districtplanned
community district or specific plan districts where the maximum allowable
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number of dwelling units is four units.;
3.In the Open Space (OS) Coastal Zoning District, unless telecompersonal
wireless service facilities are collocated on an existing utility tower within a
utility easement area, or collocated on ananother existing personal wireless
service facility.;
4.On traffic control standards (traffic signal poles);
5.Within any environmentally sensitive habitat areas, wetlands, or bluffs. ; and
6.Any beach or between the sea and first public road paralleling the sea, unless
telecompersonal wireless service facilities are collocated on an existing utility
tower within a utility easement area, or collocated on an existing facility; or other
existing building. (Ord. 2016-19 § 9 (Exh. A)(part), 2016)
21.49.050 General Development and Design Standards.
A.General Criteria. All telecompersonal wireless service facilities shall employ design
techniques to minimize visual impacts and provide appropriate screening to result in the
least visually intrusive means of providing the service. Such techniques shall be employed
to make the installation, appearance and operations of the facility as visually
inconspicuous as practicable. To the greatest extent feasible, facilities shall be designed
to minimize the visual impact of the facility by means of location, placement, height,
screening, landscaping, and shall be compatible with existing architectural elements,
building materials, other building characteristics, and the surrounding area.
B.In addition to the other design standards of this section, the following criteria shall
be considered by the review authority in connection with its processing of any coastal
development permit for a telecompersonal wireless service facility:
1.Blending. The extent to which the proposed telecompersonal wireless service
facility blends into the surrounding environment or is architecturally compatible
and integrated into the structure.
2.Screening. The extent to which the proposed telecompersonal wireless service
facility is concealed or screened by existing or proposed new topography,
vegetation, buildings or other structures.
3.Size. The total size of the proposed telecompersonal wireless service facility,
particularly in relation to surrounding and supporting structures.
4.Location. Proposed telecompersonal wireless service facilities shall be located
so as to utilize existing natural or manmade features in the vicinity of the facility,
including topography, vegetation, buildings, or other structures to provide the
greatest amount of visual screening and blending with the predominant visual
backdrop. TelecomPersonal wireless service facilities shall be sited outside
any environmentally sensitive habitat area, wetland, or bluff and sited such that
they have no adverse impact on public access and recreation.
Planning Commission - March 5, 2026
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5.Collocation. In evaluating whether the collocation of a telecompersonal
wireless service facility is feasible, the criteria listed in subsections (A)(1)
through (4) of this section shall be used to evaluate the visual effect of the
combined number of facilities at the proposed location.
C.B. Public View Protection. All new or modified telecompersonal wireless service
facilities, whether approved by administrative or discretionary review, shall comply with
Section 21.30.100 (Scenic and Visual Quality Protection). In general, telecompersonal
wireless service facilities shall be located outside any public viewshed to or along the
ocean, bay, beach or coastal bluffs. Additionally, potential impacts from a new or modified
telecompersonal wireless service facility to public views that are not identified by the
Coastal Land Use Plan shall be evaluated to determine if inclusion in the Coastal Land
Use Plan would be appropriate. If deemed appropriate for inclusion, the potential impacts
to such public views shall be considered.
D.C. Height.
1.The Planning Commission or City Council may approve or conditionally
approve a coastal development permit for a telecompersonal wireless service
facility that exceeds the maximum height limit for the coastal zoning district in
which the facility is located; provided, it does not exceed the maximum height
limit by fifteen (15) feet, only after making all of the required findings in Section
20.49.060(H100(C) (Required Findings for TelecomPersonal Wireless Service
Facilities).
2.All telecompersonal wireless service facilities shall comply with height
restrictions or conditions, if any, required by the Federal Aviation
Administration.
3.Personal wireless service facilities installed on streetlights, utility poles, utility
towers or other similar structures within the public right-of-way shall not exceed
thirty-five (35) feet in height above the finished grade.
4.Personal wireless service facilities may be installed on existing utility poles or
utility towers that exceed thirty-five (35) feet above the finished grade where
the purpose of the existing utility pole or utility tower is to carry electricity or
provide other wireless data transmission; provided, that the top of the proposed
antennas do not extend above the top of the utility pole or utility tower.
5.Personal wireless service facilities disguised as flagpoles may be installed
provided they meet applicable height limits for flagpoles provided in Section
21.30.060.
E.D. Setbacks. Proposed telecompersonal wireless service facilities shall comply
with the required setback established by the development standards for the coastal
zoning district in which the facility is proposed to be located. Setbacks shall be measured
from the part of the facility closest to the applicable lot line or structure.
F. E. Design Techniques. Design techniques shall result in the installation of a
telecompersonal wireless service facility that is in harmony and scale with the surrounding
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Wireless Service Facilities Code Amendments (PA2021-103)
area, screens the installation from view, and prevents the facility from visually dominating
the surrounding area. Design techniques may include the following:
1.Screening elements to disguise or otherwise hide the telecompersonal wireless
service facility from view from surrounding uses.
2.Painting and/or coloring the telecompersonal wireless service facility to blend
into the predominant visual backdrop.
3.Siting the telecompersonal wireless service facility to utilize existing features
(such as buildings, topography, vegetation, etc.) to screen or hide the facility.
4.Utilizing simulated natural features (trees, rocks, etc.) to screen or hide the
telecompersonal wireless service facility.
5.Providing telecompersonal wireless service facilities of a size that, as
determined by the City, is not visually obtrusive such that any effort to screen
the facility would create greater visual impacts than the facility itself.
6.To the greatest extent practicable, new Class 4 facilities shall be designed and
sited to facilitate the collocation of one additional telecom operatorpermittee.
G. F. Screening Standards. For collocation installations, the screening method
shall be materially similar to those used on the existing telecompersonal wireless service
facility, and shall not diminish the screening of the facility. If determined necessary by the
review authority, use of other improved and appropriate screening methods may be
required to screen the antennas and support equipment from public view. The following
is a nonexclusive list of potential design and screening techniques that must be
considered for all facility installations:
1.Class 1 (Stealth/Screened) Installations.
a.All telecompersonal wireless service facility components, including all
antennas, antenna panels, cables, wires, conduits, mounting brackets, and
support equipment, shall be fully screened, and mounted either inside the
building or structure, or behind screening elements and not on the exterior
face of the building or structure.
b.Screening materials shall match in color, size, proportion, style, and quality
with the exterior design and architectural character of the structure and the
surrounding visual environment. If determined necessary by the reviewing
authority, screening to avoid adverse impacts to views from land or
buildings at higher elevations shall be required.
c.When a telecompersonal wireless service facility is proposed within an
existing or new architectural feature such as a steeple, religious symbol,
tower, cupola, clock tower, sign tower, etc., the facility shall be
architecturally compatible with the existing structure or building.
2.Class 2 (Visible) Installations.
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a.Building- or structure-mounted antennas shall be painted or otherwise
coated to match or complement the predominant color of the structure on
which they are mounted and shall be compatible with the architectural
texture and materials of the building to which the antennas are mounted.
No cables, wires, conduits, mounting brackets or any other associated
support equipment shall be visible.
b.All antenna components and support equipment shall be treated with
exterior coatings of a color and texture to match the predominant visual
background and/or adjacent architecture so as to visually blend in with the
surrounding development. Subdued colors and nonreflective materials that
blend with surrounding materials and colors shall be used.
3.Class 3 (Public Right-of-Way) Installations.
a.Whenever feasible, new antennas proposed to be installed in the public
right-of-way shall be placed on existing utility structures, streetlights, or
other existing vertical structures. Antenna installations on existing or
replacement streetlight poles or utility poles shall be screened by means of
canisters, radomes, shrouds other screening measures whenever feasible,
and treated with exterior coatings of a color and texture to match the existing
pole.
b.New or replacement vertical structures may be allowed when authorized by
this Code and approved by the Public Works Department. Replacement
poles or streetlights shall be consistent with the size, shape, style, and
design of the existing pole, including any attached light arms. New poles or
streetlights may be installed, provided they match existing or planned poles
within the area.
c.If antennas are proposed to be installed without screening, they shall be
flush-mounted to the pole and shall be treated with exterior coatings of a
color and texture to match the pole.
4.Class 4 (Freestanding Structure) Installations.
a.The installation of new lattice towers or monopoles with visible antennas or
antenna arrays is strongly discouraged due to the visual effects of such
facilities. Preferred monopole designs include fully screened antennas
without visible brackets, cables, or conduits. Additionally, any lattice tower
or monopole should be sited in the least obtrusive location as practicable.
b.The construction of new freestanding structures such as signs, monoliths,
pyramids, lighthouses, or other similar vertical structures shall be designed
and sited to appropriately complement a site and screen all elements of the
telecompersonal wireless service facility.
c.The installation of artificial rocks shall match in scale and color with other
rock outcroppings in the general vicinity of the proposed site. An artificial
rock screen may not be considered appropriate in areas that do not have
Planning Commission - March 5, 2026
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natural rock outcroppings.
d.The installation of artificial trees or shrubbery is strongly discouraged if they
are obviously not natural to the average reasonable observer. When an
artificial tree or shrubbery is proposed, it shall be designed for and located
in a setting that is compatible with the proposed screening method. Such
installations shall be situated so as to utilize existing natural or manmade
features including topography, vegetation, buildings, or other structures to
provide the greatest amount of visual screening. All antennas and antenna
supports shall be contained within the canopy of the tree design or other
vegetation comparable to that being replicated by the proposed screening
elements. Finally, the addition of new comparable living vegetation may be
necessary to enhance the artificial tree or shrubbery screening elements.
e.Flagpoles shall not exceed twenty-four (24) inches in width at the base of
the flagpole and also shall not exceed twenty (20) inches in width at the top
of the flagpole.
5.Class 5 (Temporary) Installations. A temporary telecompersonal wireless
service facility installation may require screening to reduce visual impacts
depending on the duration of the permit and the setting of the proposed site. If
screening methods are determined to be necessary by the review authority, the
appropriate screening methods will be determined through the application
review and permitting process in consideration of the temporary nature of the
facility.
6.Support Equipment. All support equipment associated with the operation of any
telecompersonal wireless service facility shall be placed or mounted in the least
visually obtrusive location practicable, and shall be screened from view.
a.Installations on Private Property. The following is a nonexclusive list of
potential screening techniques for telecompersonal wireless service
facilities located on private property:
i.Building-Mounted TelecomPersonal Wireless Service Facilities. For
building- or structure-mounted antenna installations, support
equipment for the facility may be located inside the building, in an
underground vault, or on the roof of the building that the facility is
located on; provided, that both the equipment and any screening
materials are architecturally compatible and/or painted the color of the
building, roof, and/or surroundings thereby providing screening.
ii.Roof-Mounted TelecomPersonal Wireless Service Facilities. All
screening materials for roof-mounted facilities shall be of a quality and
design compatible with the architecture, color, texture and materials of
the building to which they are mounted. If determined necessary by the
review authority, screening to avoid adverse impacts to views from land
or buildings at higher elevations shall be required.
Planning Commission - March 5, 2026
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Wireless Service Facilities Code Amendments (PA2021-103)
iii.Freestanding TelecomPersonal Wireless Service Facilities. For
freestanding facilities installations, not mounted on a building or
structure, support equipment for the facility may be visually screened
by locating the support equipment in a fully enclosed building, in an
underground vault, or in a security enclosure consisting of walls and/or
landscaping to effectively screen the support equipment at the time of
installation.
iv.All wall and landscaping materials shall be selected so that the
resulting screening will be visually integrated with the architecture and
landscape architecture of the surroundings.
v.Screening enclosures may utilize graffiti-resistant and climb-resistant
vinyl-clad chain link with a “closed-mesh” design (i.e., one-inch gaps)
or may consist of an alternate enclosure design approved by the review
authority. In general, the screening enclosure shall be made of
nonreflective material and painted to blend with surrounding materials
and colors.
vi.If placed in an underground vault, flush-to-grade vents, or alternatively,
vents that extend no more than twenty-four (24) inches above the
finished grade and are screened from public view may be utilized.
b.Installations in a Public Right-of-Way. The following is a nonexclusive list of
potential screening techniques for telecompersonal wireless service
facilities located in a public right-of-way:
i.Where existing utilities services (e.g., telephone, power, cable TV) are
located underground, the support equipment shall be placed
underground if required by other provisions of this Code. Flush-to-
grade underground vault enclosures, including flush-to-grade vents, or
vents that extend no more than twenty-four (24) inches above the
finished grade and are screened from public view, may be
incorporated. Electrical meters required for the purpose of providing
power for the proposed telecompersonal wireless service facility may
be installed above ground on a pedestal in a public right-of-way
provided they meet applicable standards of Title 13 unless otherwise
precluded by this Code.
ii.Support equipment approved to be located above ground in a public
right-of-way shall be painted or otherwise coated to be visually
compatible with the existing or replacement pole, lighting and/or traffic
signal equipment without substantially increasing the width of the
structure.
iii.All transmission or amplification equipment such as remote radio units,
tower-mounted amplifiers, and surge suppressors shall be mounted
inside the utility or streetlight pole without materially increasing the pole
diameter or shall be installed in the vault enclosure supporting the
Planning Commission - March 5, 2026
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Wireless Service Facilities Code Amendments (PA2021-103)
facility.
H. G. Night Lighting. TelecomPersonal wireless service facilities shall not be
lighted except for security lighting at the lowest intensity necessary for that purpose or as
may be recommended by the United States Flag Code (4 U.S.C. Section 1 et seq.). Such
lighting shall be shielded so that direct illumination does not directly shine on nearby
properties or upon any ocean, beach, bay, environmentally sensitive habitat area or
wetland. The review authority shall consult with the Police Department regarding
proposed security lighting for facilities on a case-by-case basis.
I.H. Signs and Advertising. No advertising signage or identifying logos shall be
displayed on any telecompersonal wireless service facility except for small identification,
address, warning, and similar information plates. Such information plates shall be
identified in the telecompersonal wireless service application and shall be subject to
approval by the review authority. Signage required by State or Federal regulations shall
be allowed in its smallest permissible size.
J.I. Nonconformities. A proposed or modified telecompersonal wireless service
facility shall not create any new or increased nonconformity as defined in this
Implementation Plan, such as, but not limited to, a reduction in and/or elimination of
required parking, landscaping, or loading zones unless relief is sought pursuant to
applicable Zoning Code procedures.
K. J. Maintenance. The telecom operatorpermittee shall be responsible for
maintenance of the telecompersonal wireless service facility in a manner consistent with
the original approval of the facility, including but not limited to the following:
1.Any missing, discolored, or damaged screening shall be restored to its original
permitted condition.
2.All graffiti on any components of the telecompersonal wireless service facility
shall be removed promptly in accordance with this Code.
3.All landscaping required for the telecompersonal wireless service facility shall
be maintained in a healthy condition at all times, and shall be promptly replaced
if dead, dying, or damaged.
4.All telecompersonal wireless service facilities shall be kept clean and free of
litter.
5.All equipment cabinets shall display a legible contact number for reporting
maintenance problems to the telecom operatorpermittee.
6.If a flagpole is used for a telecompersonal wireless service facility, flags shall
be flown and shall be properly maintained at all times. The use of the United
States flag shall comply with the provisions of the U.S. Flag Code (4 U.S.C.
Section 1 et seq.).
L.K. Prior Coastal Development Permit. Any proposed telecompersonal wireless
service facility shall comply with the terms and conditions of any previously authorized
Planning Commission - March 5, 2026
Item No. 4b - Addiitonal Materials Received from Staff
Wireless Service Facilities Code Amendments (PA2021-103)
coastal development permit that remains in effect. (Ord. 2025-14 § 1 (Exh. A § 19), 2025;
Ord. 2016-19 § 9 (Exh. A)(part), 2016)
21.49.090 060 Modification and Collocation of Existing Telecom Facilities.
A.Notwithstanding any provision in this chapter, a request to modify an existing
facility that involves the collocation of new transmission equipment, the removal of
existing transmission equipment, or the replacement of existing transmission equipment
shall be subject to administrative review and approval without processing any
discretionary permit provided that such modification does not substantially change the
physical dimensions of the existing facility from the original permit for the facility. A
substantial change means a single change, or series of changes over time, that exceed
five percent of the physical dimensions of the original approved telecom facility, or as
otherwise defined by applicable provisions of State or Federal law.
B.Each application submitted under this section for a modification or collocation to
an existing telecompersonal wireless service facility shall be accompanied by:
1.A.A detailed description of the proposed modifications to the existing
telecompersonal wireless service facility(ies);
2.B. A photograph or description of the telecompersonal wireless service facility
as originally constructed, if available; a current photograph of the existing facility;
and, a graphic depiction of the facility after modification showing all relevant
dimensions;
3.C. A detailed description of all construction that will be performed in connection
with the proposed modification; and
4.D. A written statement signed and stamped by a professional engineer,
licensed and qualified in California, attesting that the proposed modifications do
not constitute a substantial change of the existing permitted facility.
C.Any permit issued will be conditioned upon the accuracy of the application, and
may be revoked, and the telecompersonal wireless service facility shall be removed and
restored to its pre-modification condition if any material statement made with respect to
the facility application is false or the modifications as actually made would have required
a discretionary review had the plan for the facility accurately depicted the modifications.
(Ord. 2016-19 § 9 (Exh. A)(part), 2016)
21.49.120 Removal of Telecom Facilities.
A. Discontinued Use. Any telecom operator who intends to abandon or discontinue
use of a telecom facility must notify the Director by certified mail no less than thirty (30)
days prior to such abandonment or discontinuance of use. The telecom operator or
owner of the affected real property shall have ninety (90) days from the date of
abandonment or discontinuance, or a reasonable additional time as may be approved
by the Director, within which to complete one of the following actions:
Planning Commission - March 5, 2026
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1. Reactivate use of the telecom facility.
2. Transfer the rights to use the telecom facility to another telecom operator and
the telecom operator commences use within a reasonable period of time as
determined by the Director.
3. Remove the telecom facility and restore the site.
B. Abandonment. Any telecom facility that is not operated for transmission and/or
reception for a continuous period of ninety (90) days or whose telecom operator did not
remove the facility in accordance with subsection (A) of this section shall be deemed
abandoned. Upon a finding of abandonment, the City shall provide notice to the telecom
operator last known to use such facility and, if applicable, the owner of the affected real
property, providing thirty (30) days from the date of the abandonment notice within
which to complete one of the following actions:
1. Reactivate use of the telecom facility.
2. Transfer the rights to use the telecom facility to another telecom operator who
has agreed to reactivate the facility within thirty (30) days of the transfer.
3. Remove the telecom facility and restore the site.
C. Removal by City.
1. The City may remove an abandoned telecom facility, repair any and all
damage to the premises caused by such removal, and otherwise restore the
premises as is appropriate to be in compliance with applicable codes at any time
after thirty (30) days following the notice of abandonment.
2. If the City removes an abandoned telecom facility, the City may, but shall not
be required to, store the removed facility or any part thereof. The owner of the
premises upon which the abandoned facility was located and all prior operators of
the facility shall be jointly liable for the entire cost of such removal, repair,
restoration and storage, and shall remit payment to the City promptly after demand
therefor is made. In addition, the City Council, at its option, may utilize any financial
security required in conjunction with granting the telecom permit as reimbursement
for such costs. Also, in lieu of storing the removed facility, the City may convert it to
the City’s use, sell it, or dispose of it in any manner deemed by the City to be
appropriate.
C.D. City Lien on Property. Until the cost of removal, repair, restoration, and
storage is paid in full, a lien shall be placed on the abandoned personal property and any
real property on which the telecom facility was located for the full amount of all costs
incurred by the City for the removal, repair, restoration and storage. The City Clerk shall
cause the lien to be recorded with the Orange County Recorder, with the costs of filing,
processing, and release of such City lien being added to the other costs listed in this
subsection. (Ord. 2016-19 § 9 (Exh. A)(part), 2016)
Planning Commission - March 5, 2026
Item No. 4b - Addiitonal Materials Received from Staff
Wireless Service Facilities Code Amendments (PA2021-103)
March 5, 2026, Planning Commission Item 4 Comments
These comments on a Newport Beach Planning Commission agenda item are submitted by:
Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229).
Item No. 4. WIRELESS SERVICE FACILITIES CODE AMENDMENTS
(PA2021-103)
The report suggests staff has been aware of new constraints on the ability of cities to regulate
the processing of telecom applications since at least 2018, and has been directed to actively
consider their impact on our existing regulations since 2021.
Given that, and given that our city is one that values local control, it is curious the staff report
does not explain what the salient federal and state constraints on our regulatory authority are,
nor provide decision makers with any clear delineation as to which of the proposed revisions are
believed to be required to maintain consistency federal and state law, and which choices are at
our discretion.
The most prominent change, which I suspect is entirely discretionary, is to move the regulation
of telecom sites in the public right of way from Titles 20 and 21 of our Municipal Code, where the
revisions remain under the oversight of the Planning Commission, to Title 13, where they are
not. That is not inherently a bad thing, but my concern is that in making that move, all public
input to the permitting process for such applications appears to have been removed. I would
guess residents and business owners know their neighborhoods at least as well as City staff,
and ignoring any input they might be able to provide is unwise.
Of the part that would remain under the Commission’s purview, there is a lot to process, and I
have reviewed only parts of it. From what I have looked at, it does not yet appear to me to be a
finished product ready for advancement to the Council.
As somewhat random examples:
1.I don’ think this is a new problem, but on handwritten page 21, revised Subsection
20.49.040.B, defining “prohibited locations,” bars installations on properties zoned for
one- and two-unit residential structures, and for multi-unit structures with a maximum of
four units. Reviewing the Title 20 definitions, this appears to leave a hole for properties
zoned for 3-unit structures (triplexes). I have no idea why installations on those would be
allowed, while on the others they would be prohibited (but then, I’m not sure I
understand the rationale for any of this).
2.On the following page, proposed Table 4-1 has been revised Class 1 applications,
currently processed through a Zoning Clearance (ZC), to now be permitted through an
“Administrative Clearance” (AC). ZC’s, and the process for granting them, are currently
defined in Title 20. I can find no explanation of what an “AC” is, or how they are
processed.
3.Particularly confusing is proposed Section 20.40.100 (“Decisions”) starting on
handwritten page 29:
a.Subsection A.1 “General Notice Required for the Application”) says “Public notice
as provided in Chapter 20.62 (Public Hearings) will be required for any minor use
permit.” Does this mean notice will be required only for minor use permits? How
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March 5, 2025, PC agenda Item 4 comments - Jim Mosher Page 2 of 2
about for a conditional use permit? Or a limited term permit? Or the mysterious
new “Administrative Clearance”?
b.Next, Subsection A.4 (General Findings for Approval) sets out findings that
appear to apply to Limited Term Permits. Yet four pages later, on handwritten
page 33, we encounter a separate proposed Section 20.49.120 (“Temporary
Personal Wireless Service Facilities”) with what looks like a completely different
set of findings. Which prevails?
c.Continuing with Section 20.40.100, on handwritten page 30, after reading a
series of subsections governing actions by “the approval authority” or “the review
authority” (I have no idea why it oscillates between the two), in Subsection D
(“Limited Exception for Personal Wireless Service Facilities”) we find rules
applicable only to “the Director.” Is this meant to imply the Director can grant
exceptions, but other authorities, such as the Zoning Administrator, the Planning
Commission or the Council (on appeal) cannot?
d.And then, most curiously, on handwritten page 31, in Subsection E (“Appeals”)
we learn “Any person or entity may appeal a decision by the Director in
accordance with the standards and procedures set forth in Chapter 20.64
(Appeals).” Is this meant to imply only decisions made by the Director can be
appealed? Decisions by the other possible review authorities (Zoning
Administrator or Planning Commission) cannot be appealed?
4.Section 20.49.120 (“Temporary Personal Wireless Service Facilities”) ends, on
handwritten page 35, with an equally curious Subsection “D. The Zoning Administrator’s
decision pursuant to subsection (A) of this section shall be final and not subject to further
administrative appeal.” Yet, the Subsection (A) this has to do with “Non-Emergencies,”
while Subsection (B) deals with “Emergencies.” Why would emergency permits be
appealable, but non-emergency ones not? That seems backwards.
5.Skipping ahead to the Title 21 revisions, and again I am not sure this is a new problem,
but on handwritten page 48, I see a subsection 8 that exempts from the requirement for
a coastal development permit, any installation by or in which the City has an interest.
This seems strange to me since I am not aware of anything in the Coastal Act that
provides a blanket exemption to structures erected by a local government. The City
could install a massive transmission tower in the middle of the harbor, or ocean, or on a
public beach with no Coastal Act review?
I have not had time to review most of the rest, but I suspect I would find similar anomalies.
Planning Commission - March 5, 2026 Item No. 4c Additional Materials Received Wireless Service Facilities Code Amendments (PA2021-103)