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Home My WebLink About4.0_Wireless Service Facilities Code Amendments_Presentation_Staff_PA2021-103UPDATING TITLES 20 AND 21 REGULATIONS FOR WIRELESS SERVICE FACILITIES Planning Commission Public Hearing, March 5, 2026 Ben Zdeba, AICP, Acting Deputy Community Development Director Jose Montoya, Deputy City Attorney Planning Commission - March 5, 2026 Item No. 4d Additional Presented at the Meeting By Staff Wireless Service Facilities Code Amendments (PA2021-103) REGULATIONS OVERVIEW 2 Federal Framework •Limits local regulation that effectively prohibits wireless service •Local governments cannot regulate wireless facilities based on RF emissions if FCC standards are met •FCC’s 2018 Small Cell Order created new rules significantly limiting local authority over small wireless facilities •Approval required for certain modifications to existing wireless facilities that do not substantially change their dimensions •The City of Portland v. FCC (2020) decision upheld key provisions, including 60- and 90-day shot clocks for local review Planning Commission - March 5, 2026 Item No. 4d Additional Presented at the Meeting By Staff Wireless Service Facilities Code Amendments (PA2021-103) REGULATIONS OVERVIEW (CONT.) 3 State Authority •Cities retain authority to regulate time, place, and manner of utility facilities in the public right-of-way, including placement and design •Cities may require site-specific permits for telecommunications facilities, provided regulations do not effectively prohibit service •T-Mobile West LLC v. City and County of San Francisco (2019) confirms cities retain police power to regulate facilities consistent with state law Planning Commission - March 5, 2026 Item No. 4d Additional Presented at the Meeting By Staff Wireless Service Facilities Code Amendments (PA2021-103) AN EVERCHANGING LANDSCAPE 4 Since City’s Wireless Ordinance was last updated in 2014… •Bigger shift in demand from voice to data •Expectation of high bandwidth, no lag •“Cable cutting” = sharp decrease in land lines + increased reliance on cellular •Device diversity with onset of tablets, vehicles, and other smart devices •Technology still evolving, requiring agile solutions for regulations and permitting Planning Commission - March 5, 2026 Item No. 4d Additional Presented at the Meeting By Staff Wireless Service Facilities Code Amendments (PA2021-103) CHALLENGES FOR SERVICE PROVIDERS IN NEWPORT BEACH •47% of land area in Coastal Zone oShoreline Height Limit Area oPublic view protection oCoastal development permits •Limited private structures as viable locations •Complex entitlement and permitting for installations in public right-of-way oPublic hearings, appeal rights, and resident concerns •Higher site and deployment costs 5 Planning Commission - March 5, 2026 Item No. 4d Additional Presented at the Meeting By Staff Wireless Service Facilities Code Amendments (PA2021-103) BACKGROUND: COUNCIL ACTIONS Initiation, May 25, 2021 •With onset of small cell technology and anticipated deployment, City Council initiated a review and possible code amendments •Regulations, case law, and technology continued to evolve rapidly City staff ultimately determined adopted framework was appropriate Study Session, January 13, 2026 •Barriers = gaps in coverage •Challenges and opportunities with wireless regulations •Three-pronged approach to encourage wireless investment and better connectivity: 1) Code Updates; 2) Policy Updates; and 3) Partnerships City Council unanimously supported code and policy updates 6 Planning Commission - March 5, 2026 Item No. 4d Additional Presented at the Meeting By Staff Wireless Service Facilities Code Amendments (PA2021-103) CURRENT CODE 7 Wireless on private and public property broadly regulated by Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the NBMC •Includes maximum height, locations, aesthetics, approval process, etc. •Establishes a class hierarchy by preference (e.g., Class 1, etc.) •Class 3 (Public Right-of-Way) requires minor use permits (i.e., discretionary approvals) •Prohibited locations include: o Residential and mixed-use properties with less than five units o Open Space properties Planning Commission - March 5, 2026 Item No. 4d Additional Presented at the Meeting By Staff Wireless Service Facilities Code Amendments (PA2021-103) EXAMPLES: PRIVATE PROPERTY INSTALLATIONS 8 Class 1 (Stealth) Planning Commission - March 5, 2026 Item No. 4d Additional Presented at the Meeting By Staff Wireless Service Facilities Code Amendments (PA2021-103) EXAMPLES: PRIVATE PROPERTY INSTALLATIONS 9 Class 2 (Visible) Class 4 (Freestanding) Planning Commission - March 5, 2026 Item No. 4d Additional Presented at the Meeting By Staff Wireless Service Facilities Code Amendments (PA2021-103) EXAMPLES: PUBLIC RIGHT-OF-WAY INSTALLATIONS 10 Class 3 (PROW) 22nd Street/Newport Blvd.E. Bay Ave./Alvarado Pl. Planning Commission - March 5, 2026 Item No. 4d Additional Presented at the Meeting By Staff Wireless Service Facilities Code Amendments (PA2021-103) CODE UPDATES: NEW CHAPTER 11 Create New Chapter 13.22 (Personal Wireless Service Facilities in the Public Right-of-Way) •Moves PROW installations to Title 13 (Streets, Sidewalks, and Public Property) •Follows Santa Monica model, primarily processed by Public Works Department oDirector to maintain standards and guidelines •Facilities would require discretionary approval only if: o Deviations from City standards, including new streetlight pole locations o Location/facility type requires a coastal development permit or waiver Planning Commission - March 5, 2026 Item No. 4d Additional Presented at the Meeting By Staff Wireless Service Facilities Code Amendments (PA2021-103) CODE UPDATES: EXISTING CHAPTERS 12 Revise Chapters 20.49 and 21.49 (Personal Wireless Service Facilities) •For Chapter 20.49, remove installations in public right-of-way from scope and instead references Title 13 •Specifically exempts installations on City-owned and City-held trust properties from scope of Chapters •Other updates, as needed, for clarity, consistency, and compliance with State and Federal law Planning Commission - March 5, 2026 Item No. 4d Additional Presented at the Meeting By Staff Wireless Service Facilities Code Amendments (PA2021-103) CODE UPDATES: HIGHLIGHTED CHANGES 13 Category Existing Proposed Facility Types/Hierarchy and Approval Needed Class 1 (Stealth) – ZC Class 2 (Visible) – MUP Class 3 (PROW) – MUP Class 4 (Freestanding) – CUP Class 5 (Temporary) – LTP Class 1 (Stealth) – AC Class 2 (Visible) – MUP Class 3 (PROW) – Title 13 Class 4 (Freestanding) – CUP Class 5 (Temporary) – LTP* Public Right-of-Way (PROW) Discretionary Mostly administrative City-Owned/City- Held Property Must comply with 20.49 and 21.49 Exempt from 20.49 and 21.49 Design and Process Guidance Included in NBMC Referenced in NBMC and published in separate document Legislative Compliance Outdated Updated Planning Commission - March 5, 2026 Item No. 4d Additional Presented at the Meeting By Staff Wireless Service Facilities Code Amendments (PA2021-103) CODE UPDATES: HIGHLIGHTED CHANGES 14 Category Existing Proposed Private Property Height Limits Upper maximum (+ 15 feet with discretionary approval) No change, but language clarified Prohibited Private Property Locations On residentially zoned or mixed-use properties with less than 5 units; and on Open Space properties No change Planning Commission - March 5, 2026 Item No. 4d Additional Presented at the Meeting By Staff Wireless Service Facilities Code Amendments (PA2021-103) PUBLIC COMMENTS RECEIVED 15 •One letter of support (Attachment No. PC 6) •One letter identifying various possible discrepancies and suggested improvements Ordinances will continue to be reviewed and refined prior to City Council consideration Planning Commission - March 5, 2026 Item No. 4d Additional Presented at the Meeting By Staff Wireless Service Facilities Code Amendments (PA2021-103) TODAY’S RECOMMENDATION 16 1.Find this action is not a project pursuant to Sections 15060(c)(2), 15060(c)(3), and 15378 of the CEQA Guidelines; 2.Adopt Resolution No. PC2026-006 recommending City Council approval of the Title 20 amendment; and 3.Adopt Resolution No. PC2026-007 recommending City Council authorization to submit the Title 21 amendment to the California Coastal Commission. Next Step: City Council consideration at a public hearing in April 2026 Planning Commission - March 5, 2026 Item No. 4d Additional Presented at the Meeting By Staff Wireless Service Facilities Code Amendments (PA2021-103) THANK YOU! QUESTIONS? Ben Zdeba, AICP Acting Deputy CDD Director 949-644-3253 bzdeba@newportbeachca.gov Jose Montoya Deputy City Attorney 949-644-3133 jmontoya@newportbeachca.gov 17 Planning Commission - March 5, 2026 Item No. 4d Additional Presented at the Meeting By Staff Wireless Service Facilities Code Amendments (PA2021-103)