HomeMy WebLinkAboutCC 2025-01-28_10a Amendments to AGMC Re Wireless Telecommunication FacilitiesItem 10.a.
MEMORANDUM
TO: City Council
FROM: Brian Pedrotti, Director of Community Development
BY: Andrew Perez, Planning Manager
SUBJECT: Amendments to Title 16 of the Arroyo Grande Municipal Code
Regarding Wireless Telecommunication Facilities
DATE: January 28, 2025
RECOMMENDATION:
1) Introduce the Ordinance amending the Arroyo Grande Municipal Code (AGMC)
regarding wireless telecommunication facilities; and
2) Find that the “project” is exempt from the provisions of the California Environmental
Quality Act (CEQA) per State CEQA Guidelines Sections 15061(b)(3), 15378 and in the
alternative, State CEQA Guidelines sections 15301, 15302, 15303 and 15304.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
No financial impact is anticipated to adopt the Ordinance.
BACKGROUND:
Federal and state law generally recognize and preserve local zoning authority over the
placement, construction, and modification of wireless communications facilities. However,
various state laws, federal laws, and Federal Communications Commission (FCC)
regulations impose significant constraints on the exercise of local authority. Principal
among them is the federal Telecommunications Act of 1996 (47 U.S.C. 332(c)(7)) which
provides that:
1. Local action on applications must be within a reasonable period of time;
2. Local regulations and placement decisions may not prohibit or effectively prohibit
the provision of personal wireless services;
3. Denials must be in writing and supported by substantial evidence;
4. Any consideration of radio frequency (RF) emissions in siting decisions is
prohibited if the applicant meets FCC standards;
5. Local agencies may not unreasonably discriminate among providers of functionally
equivalent services; and
6. Wireless applicants are entitled to expedited appeals to court.
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Item 10.a.
City Council
Amendments to Title 16 of the Arroyo Grande Municipal Code Regarding Wireless
Telecommunication Facilities
January 28, 2025
Page 2
In 2001, the City Council adopted Resolution No. 3569 approving the “Telecommunication
Siting and Submittal Requirements” (the “Telecommunication Requirements”)
(Attachment 1), which addresses wireless infrastructure, RF emissions, site capacity, and
related topics. This document was adopted in response to a significant rise in land use
applications for the construction of wireless telecommunication facilities. The docu ment
outlines guidelines and procedures to effectively manage and accommodate these
developments while addressing the potential impacts on the community and ensuring that
infrastructure installations align with local planning objectives.
In 2017, the City Council adopted Resolution No. 4791, approving amendments to the
Telecommunication Requirements relating to small cell telecommunication facilities along
with corresponding amendments to the Arroyo Grande Municipal Code (AGMC). The
amendments to the AGMC provided definitions for “wireless telecommunication facilities”
and “small cell telecommunication facilities”, modified Table 16.36.030(A) to add small
cell telecommunication facilities to the list of allowed land uses and permit requirements
within commercial districts, and modified Table 16.44.040-A to add wireless
telecommunication facilities and small cell telecommunication facilities to the list of
allowed land uses.
Since the last update to the City’s policies and procedures related to these facilities,
numerous federal and state laws and regulations have taken effect, which significantly
restricted local control over the permitting and placement of wireless telecommunication
facilities, among other impacts. Noteworthy features of these recent regulations include
the following:
1. Ban on Moratoria: On August 2, 2018, the Federal Communications Commission
(“FCC”) adopted a Third Report & Order and Declaratory Ruling, 33 FCC Rcd. 7705 (rel.
Aug. 3, 2018) (“Moratoria Order”), that, among other things, contained a declaratory ruling
prohibiting express and de facto moratoria for all personal wireless services,
telecommunications services and their related facilities under 47 U.S.C. § 253(a) and
directed the Wireless Telecommunications Bureau and Wireline Competition Bureau to
hear and resolve all complaints on an expedited basis. The declaratory ruling in the
Moratoria Order was made effective upon release. This means that there can be no pause
in accepting or processing applications to allow a city to study and address potential
issues.
2. Shot Clocks and Deemed Granted Remedies: The FCC has adopted shot clocks
(i.e., timelines) within which a local government must act on wireless facility applications.
The most recent shot clocks have focused on applications for small wireless facilities and
modifications to existing wireless facilities.
2009 Shot Clocks: In 2009, the FCC adopted a Declaratory Ruling, 24 FCC Rcd.
18994 (rel. Nov. 18, 2009), to clarify existing federal law requiring local governments to
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Item 10.a.
City Council
Amendments to Title 16 of the Arroyo Grande Municipal Code Regarding Wireless
Telecommunication Facilities
January 28, 2025
Page 3
act on wireless facility applications within a reasonable period of time. In t hat Declaratory
Ruling, the FCC established two shot clocks for local action on wireless facilities
applications:(1) a 60-day shot clock for collocations onto existing structures; and (2) a
150-day shot clock for all other types of wireless facility applications.
The State of California later adopted AB 57 (Gov. Code 65964.1), which that took effect
on January 1, 2016, and created a “deemed granted” remedy (effective January 1, 2016
for collocations onto existing structures and “other” applications; effective January 1, 2022
for small cells) if the local government failed to act on an application during the time period
allowed under the applicable FCC shot-clocks. This “deemed granted” remedy under
state law is available for any application under these sho t clocks other than those
proposed for placement on fire department facilities.
Eligible Facilities Requests: In 2012, Congress adopted a law (codified as 47 CFR
Sec. 1455) requiring that certain applications to modify or add to existing wireless facilities
must be approved at the local level. If the federal criteria are met, the City has no
discretion and must approve a qualifying eligible facilities request. In 2014, the FCC
adopted an implementing Order, including height and size criteria and a 60 -day shot clock
to process these Section 6409(a) requests or “eligible facilities requests” (29 FCC Rcd.
12865). More recently in 2020, the FCC adopted two separate orders to further clarify
and change its rules to further facilitate these types of deployments . A failure to act within
this FCC shot clock period can result in the application being deemed approved under
federal law.
Small Wireless Facilities Shot Clocks: On September 26, 2018, the FCC adopted
a Declaratory Ruling and Third Report and Order, 33 FCC Rcd. 9088 (rel. Sep. 27, 2018)
(“Small Cell Order”), which, among other things:
Created new shorter (60-day and 90-day) shot clocks for small wireless
facilities (as defined in the Small Cell Order);
Interpreted existing shot clock regulations to require local public agencies
to issue all relevant permits and authorizations within this period;
Established a national standard for an effective prohibition related to small
wireless facilities that replaced the existing “significant gap” test adopted by
the United States Court of Appeals for the Ninth Circuit; and
Provided that a failure to act within the applicable timeframe presumptively
constitutes an effective prohibition.
The Small Cell Order went into effect in part on January 14, 2019, and in part on April 15,
2019. On August 12, 2020, a three -judge panel of the Ninth Circuit Court of Appeals
upheld the Moratoria Order and significant portions of the Small Cell Order, including the
shorter shot clocks and remedies for failing to meet a shot clock. (City of Portland v.
United States, 969 F.3d 1020 (9th Cir. 2020) (“City of Portland”)). On October 22, 2020,
the Ninth Circuit Court of Appeals denied a petition for further Ninth Circuit review of the
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Item 10.a.
City Council
Amendments to Title 16 of the Arroyo Grande Municipal Code Regarding Wireless
Telecommunication Facilities
January 28, 2025
Page 4
above-referenced panel’s decision by the entire Ninth Circuit judiciary known as “en banc”
review. The Supreme Court of the United States also denied a petition to hear an appeal.
In 2021, the California legislature enacted AB 537 amending Gov. Code 65964.1, which
further expanded the reach of AB 57’s deemed granted remedy to apply to small wireless
facility applications. Following AB 537, a deemed approved remedy is available either
under state law or under federal law (for eligible facilities request applications) for each
and every wireless facility application type—which is triggered when the local government
fails to render a final decision on a wireless facility application and issue all necessary
approvals by the applicable FCC shot clock deadline.
3. Limits on Design Standards: In addition to the foregoing, the Small Cell Order
placed limits on aesthetic regulations for small wireless facilities, including
undergrounding. Under the Small Cell Order, local aesthetic regulations are permissible
so long as they are reasonable, no more burdensome than those applied to other types
of infrastructure deployments, objective, and published in advance (so that applicants
know the applicable small wireless facilities aesthetic requirements).
However, as part of the City of Portland decision discussed above, the Court invalidated
certain portions of the FCC’s Small Cell Order that imposed new rules for aesthetic
standards for small wireless facilities. Now, a city’s aesthetic regulations for small
wireless facilities will not be preempted if they are (1) reasonable (technically feasible);
and (2) published in advance.
4. Limits on Fees: State law requires wireless telecommunications facility-related
permits and/or application fees to be cost-based. The Small Cell Order declared that all
wireless telecommunications facility-related fees for small wireless facilities (including
permit fees and rental fees for the use of government-owned infrastructure, such as
streetlights) must be based on a reasonable approximation of the local government’s
costs, such that only objectively reasonable costs are factored into those fees, and
fees are no higher than the fees charged to similarly situated competitors in similar
situations. The FCC established presumptively reasonable fee levels for small wireless
facilities (called “safe harbors”) that include: non-recurring fees equal to $500 for a single
application for up to five collocations, plus $100 for each additional collocation, and
$1,000 for each new pole. Recurring fees for small wireless facilities for at tachment to
a local government’s poles are presumed reasonable if equal to $270 per facility/per
year, including the fee for attachment to the infrastructure and use of the public right -of-
way.
The objective of the Ordinance is to establish regulations that streamline the City’s
process for reviewing wireless permits to avoid deemed approved remedies under state
and federal law and to minimize adverse impacts associated with wireless
telecommunications facilities within the limits of state and federal law. The Ordinance also
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Item 10.a.
City Council
Amendments to Title 16 of the Arroyo Grande Municipal Code Regarding Wireless
Telecommunication Facilities
January 28, 2025
Page 5
establishes permit procedures that allow for the efficient processing of wireless
telecommunications facility applications within the applicable shot clocks.
ANALYSIS OF ISSUES:
Staff and the City Attorney’s Office reviewed the City’s existing processes and regulations
governing wireless telecommunications facilities on public and private property and inside
of the public right-of-way and determined that various updates and amendments to Title
16 are warranted in order to comply with the changes in federal and state law outlined
above. The Ordinance establishes Chapter 16.70 in the Arroyo Grande Municipal Code
titled “Wireless Telecommunications Facilities.” The Ordinance establishes the following
regulations:
A. Clarifies and sets forth types of wireless telecommunications facilities that are
exempt from the provisions of Chapter 16.70 such as over-the-air-reception-devices,
amateur radio antennas, governmental public safety facilities and certain temporary
emergency facilities. These exempt facilities are nonetheless subject to all other
application provisions of the AGMC.
B. Sets forth permitting processes for wireless telecommunications facilities inside
the public right of way:
1. Minor Use Permit-Plot Plan Review. Only small wireless facilities and
qualifying eligible facilities requests are permitted within the public right of way. A minor
use permit-plot plan review approval shall be required to construct, install, or modify a
wireless telecommunications facility in the public right of way and shall be subject to either
a 60 or 90 day FCC shot clock for City action. Applications for minor use permits-plot plan
review for facilities within the public right-of-way are subject to review and approval by the
Community Development Director. Following receipt of an application for minor use
permit-plot plan subject to this chapter, the Community Development Director shall
provide written notice of the pending application to all parcel owners within 500 feet of the
proposed facility. No public hearing shall be required. The decision of the Community
Development Director shall be final and not subject to appeal.
2. Other Permits. In addition, applicants for a minor use permit-plot plan review
to construct, install, or modify a wireless telecommunications facility in the public right of
way must also obtain all other permits and approvals required by the Arroyo Grande
Municipal Code.
C. Sets forth permitting processes for wireless telecommunications facilities on public
and private property:
1. Minor Use Permit-Architectural Review. A minor use permit-architectural
review approval shall be required for any wireless telecommunications facility or
modification thereof on private property or public property that is: (i) an eligible facilities
request; (ii) a small wireless facility; or (iii) a collocation of a personal wireless services
facility on an existing structure and does not qualify as (i) or (ii), which are subject to 60
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Item 10.a.
City Council
Amendments to Title 16 of the Arroyo Grande Municipal Code Regarding Wireless
Telecommunication Facilities
January 28, 2025
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and 90 day FCC shot clocks for City action. Following receipt of an application for minor
use permit-architectural review subject to this chapter, the Community Development
Director shall provide written notice of the pending application to all parcel owners within
500 feet of the proposed facility. No public hearing shall be required. The decision of the
Community Development Director on any application for an eligible facilities request or
small wireless facility collocation on an existing structure (subject to a 60 day FCC shot
clock) shall be final and not subject to appeal , while a decision by the Community
Development Director on any application for a small wireless facility on a new or
replacement structure or a collocation that does not qualify as an eligible facilities request
or a small wireless facility (subject to a 90 day FCC shot clock) may be appealed by any
affected party directly to City Council.
2. Conditional Use Permit. A conditional use permit (CUP) issued in
accordance with the procedures set forth in Section 16.16.050 is required for the
installation of any wireless telecommunications facility that is not subject to a minor use
permit-plot plan review set forth in subsection (A), a minor use permit-architectural review
set forth in subsection (B)(1) above or a minor use permit-temporary uses set forth in (D)
below. Following receipt of an application for a conditional use permit subject to this
chapter, the Community Development Director shall provide written notice of the pending
application to all parcel owners within 500 feet of the proposed facility.
3. Other Permits. In addition, applicants for a minor use permit-architectural
review or conditional use permit to construct, install, or modify a wireless
telecommunications facility on public or private property must also obtain all other permits
and approvals required by the Arroyo Grand e Municipal Code.
D. Sets forth permitting processes for temporary wireless telecommunications
facilities in place for more than 7 days but no longer than 90 days.
1. Minor Use Permit-Temporary Uses. A minor use permit-temporary uses
issued in accordance with the procedures set forth in Section 16.16.090 is required for
the installation of any wireless telecommunications facility intended or used to provide
personal wireless services on a temporary or emergency basis, such as a large -scale
special event in which more users than usual gather in a single location or following a
duly proclaimed local or state emergency as defined in Government Code section 8558
requiring additional service capabilities for a period not to exceed 90 consecutive days .
E. Authorizes the Community Development Director to create and publish a wireless
telecommunications facility application form, which may be updated from time to time.
F. Updates findings of approval for all applications subject to Chapter 16.70.
G. Establishes location, design, and development standards for wireless facilities,
such as aesthetics, landscaping, setbacks and lighting among other topics, such as:
1. Location Preferences. Among other location standards, the Ordinance proposes
to establish preferred locations for wireless telecommunications facilities utilizing new
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Item 10.a.
City Council
Amendments to Title 16 of the Arroyo Grande Municipal Code Regarding Wireless
Telecommunication Facilities
January 28, 2025
Page 7
towers or placed on new structures based on the compatibility with the other land uses
allowed in that zone. Tier 1 locations are identified as the least compatible for such new
facilities, and the zones included in this tier are all of the City’s residential zones, and the
Village Mixed-Use zone. Tier II locations are more compatible that Tier I and include most
of the City’s mixed-use zones and the Village Core Downtown zone. The Industrial Mixed-
Use, Traffic Way Mixed-Use, Regional Commercial, Agriculture, and Public Facility zones
are identified as Tier III locations, meaning these areas are most compatible for a such a
new wireless telecommunications facility. Compatibility, for purposes of this ordinance,
means the areas that are least intrusive based on the community’s character and values.
When an application proposes to install a facility on a new tower or new structure in the
Tier I or Tier II locations, the applicant is required to provide written justification, supported
by factual and verifiable evidence that locations the Tier III (and if applicable Tier II) land
use tier is not technically feasible and available.
ii. Establishes building and structure deployment preferences for facilities
inside the public right of way and located on public and private property.
iii. Requires stealth designs for all facilities to the maximum extent feasible
among other design requirements.
iv. Authorizes wireless telecommunications facilities on public and private
property to exceed height limits for the underlying zone by no more than 25 feet and sets
separate height limits for facilities in the public right of way.
H. Establishes Limited Exception Process for design development and location
standards that require the applicant to request an exception at the time of application
submittal.
I. Sets forth standard conditions of approval that apply to all permits issued in
accordance with Chapter 16.70, even in the event an application is deemed approved by
operation of law.
Conforming Edits
In addition to the new Chapter 16.70 proposed by this Ordinance, several other sections
will need to be amended to ensure consistency throughout the AGMC. For example, the
land use tables in Sections 16.36.030 and 16.44.040 need to be amended to reflect the
proposed permitting requirements for wireless telecommunications facilities. Section
16.04.070 regarding definitions will be amended to delete prior definitions related to the
telecommunication facilities, which are now included in the Ordinance for easier
reference. These changes are included in the Ordinance as Sections 4-8 of Exhibit A.
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Item 10.a.
City Council
Amendments to Title 16 of the Arroyo Grande Municipal Code Regarding Wireless
Telecommunication Facilities
January 28, 2025
Page 8
Planning Commission Review
The Ordinance was presented to the Planning Commission at a public hearing on
September 17, 20241. The Planning Commission directed staff to study three aspects of
the Ordinance:
1) Investigate the potential for including a public hearing within the permitting
process;
2) Research the feasibility of requiring a minimum distance between wireless
telecommunication facilities and sensitive uses such as schools and residential
structures; and
3) Identify whether ambiguous language in the Ordinance can be revised to be more
clear.
Staff returned to Planning Commission on October 15, 2024,2 with the Ordinance for
continued consideration. The staff report recommended that the approval process for
applications subject to the 60 and 90 day shot clocks remain at the administrative level,
without a public hearing, to avoid a situation where an application is deemed approved
by operation of law because the City is unable to reach a final decision before t he
expiration of the shot clock. Despite an existing policy to prioritize wireless
telecommunication facility applications for processing, delays related to public hearing
noticing requirements, appeals, and holidays could make compliance with the shorter
shot clocks difficult.
The primary concern with requiring a buffer between one of these facilities and a particular
land use would be the City’s potential exposure to an effective prohibition claim by a
wireless carrier, or a claim that the City is attem pting to regulate on the basis of RF
emissions. Buffers of 100, 250, and 500 feet were mapped to determine if any were a
feasible option considering federal law does not allow a city to outright prohibit, or
effectively prohibit, the provision of wireless telecommunication facilities through City
regulation. Each of the three buffer distances researched by staff would prevent the
installation of a wireless telecommunication facility at a vast majority of the City’s parcels,
including city water tank sites, where several facilities currently exist. Therefore, staff did
not recommend adding a buffer standard into the Ordinance but suggested that the
ranking system for placement of these facilities will result in the placement of facilities in
the least intrusive locations. However, in its recommendation to the City Council, the
Planning Commission recommends that the Ordinance include a setback standard
requiring that when a facility is proposed within 300 feet of a residential structure, the
facility shall be setback either 50 feet, or the height of the structure, whichever is greater,
from the property line. This change is included in subsection 16.70.070.E.2 of the
Ordinance for the City Council’s consideration.
1https://pub-arroyogrande.escribemeetings.com/Meeting.aspx?Id=d33df17e-ab36-49ab-86b8-
54c68ca72c66&lang=English&Agenda=Agenda&Item=15&Tab=attachments
2https://pub-arroyogrande.escribemeetings.com/Meeting.aspx?Id=31aa832e-814e-4665-aba8-
9b62580e043a&lang=English&Agenda=Agenda&Item=15&Tab=attachments
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Item 10.a.
City Council
Amendments to Title 16 of the Arroyo Grande Municipal Code Regarding Wireless
Telecommunication Facilities
January 28, 2025
Page 9
With regards to ambiguous terms used in the Ordinance, such as “reasonable” and
“substantial,” staff concluded that the use of these terms was beneficial to the City. The
most prevalent use of these terms can be found in the conditions of approval section, and
these provide the City flexibility in the application and enforcement of the conditions.
Ultimately, the Planning Commission recommends approval of the Ordinance with the
one addition of the setback standard, which has been integrated into the proposed
Ordinance.
Next Steps
Introduction of the ordinance will allow for adoption to occur at the following City Council
meeting. The ordinance will become effective 30 days after adoption.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Introduce the Ordinance amending regulations for wireless telecommunication
facilities;
2. Modify as appropriate and introduce the modified Ordinance;
3. Do not introduce the Ordinance and provide direction to staff on specific revisions;
or
4. Provide other direction to staff.
ADVANTAGES:
Adopting an Ordinance to establish a new chapter pertaining to wireless
telecommunications facilities streamlines the procedures for processing wireless
telecommunications facility applications to avoid deemed approvals by operation of law,
and enhances organizational clarity, administrative efficiency, and legal coherence by
updating the City’s requirements to comport with recent changes to state and federal law
and allows the City to impose updated design development and location standards.
DISADVANTAGES:
Updating the City’s wireless regulations represents a significant endeavor. This process
entails substantial resource expenditure, encompassing staff time, public consultations,
and legal advisory services.
ENVIRONMENTAL REVIEW:
The Ordinance is not a “project” subject to the California Environmental Quality Act
(“CEQA”), because it has no potential to result in a direct or indirect physical change in
the environment. The Ordinance does not authorize any specific development or
installation on any specific piece of property within the City’s boundaries. Moreover, when
and if an application for installation is submitted, the City will at that time conduct
preliminary review of the application in accordance with CEQA. Alternatively, even if the
Ordinance is a “project” within the meaning of State CEQA Guidelines Section 15378, the
Ordinance is exempt from CEQA on multiple grounds. First, the Ordinance is exempt
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Item 10.a.
City Council
Amendments to Title 16 of the Arroyo Grande Municipal Code Regarding Wireless
Telecommunication Facilities
January 28, 2025
Page 10
from CEQA because it can be seen with certainty that there is no possibility that t he
Ordinance may have a significant effect on the environment. (State CEQA Guidelines, §
15061(b)(3)). This is because approval of the Ordinance will not result in the actual
installation of any facilities in the City. In order to install a facility in acc ordance with this
Ordinance, the wireless provider would have to submit an application for installation of
the wireless facility, and the City would conduct preliminary review under CEQA at that
time. Alternatively, the Ordinance is categorically exempt from CEQA under State CEQA
Guidelines sections 15301 (existing facilities), 15302 (replacement or reconstruction),
15303 (new construction or conversion of small structures), and/or 15304 (minor
alterations to land). Notably, the wireless facilities regulate d by the Ordinance typically
have small footprints, and there are no unusual circumstances that apply to the Ordinance
or the wireless facilities that it regulates. Moreover, the eligible facilities requests (“EFRs”)
regulated by the Ordinance are not sub ject to CEQA because the City does not have
discretion to deny EFRs under federal law. For all of the foregoing reasons, the Ordinance
is not subject to CEQA.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website i n accordance with
Government Code Section 54954.2. A public hearing notice was published in the New
Times on Thursday, January 16, 2025.
ATTACHMENTS:
1. Proposed Ordinance
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ATTACHMENT 1
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AMENDING VARIOUS PROVISIONS
OF AND ADDING CHAPTER 16.70 TO THE ARROYO
GRANDE MUNICIPAL CODE RELATING TO WIRELESS
TELECOMMUNICATIONS FACILITIES AND FINDING THE
ORDINANCE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
WHEREAS, on November 27, 2001 the City Council adopted Resolution No. 3569
approving the Telecommunication Facilities Siting and Permit Submittal Requirements;
and
WHEREAS, on April 25, 2017, the City Council adopted Resolution No. 4791 and
amended the Telecommunication Facilities Siting and Permit Submittal Requirements;
and
WHEREAS, wireless telecommunication technology has changed rapidly since the
adoption of Resolution No. 4791, including the introduction of 5G technology; and
WHEREAS, the review of applications for wireless telecommunications facilities is
subject to multiple federal and state laws and regulations, including, but not limited to, 47
U.S.C. § 332(c)(7); 47 U.S.C. § 253(c); 47 U.S.C. § 1455(a); 47 C.F.R. § 1.6100;
California Government Code §§ 65850.6, 65964, and 65964.1; California Public Utilities
Code §§ 7901 and 7901.1; California Public Resources Code § 20000, et seq., 14
California Code of Regulations § 15000, et seq., and numerous orders and actions by the
Federal Communications Commission, and
WHEREAS, in order to stay abreast of recent changes to a number of these federal
and state laws, it is necessary to adopt amendments to the Arroyo Grande Municipal
Code; and
WHEREAS, on September 17, 2024, the Planning Commission conducted a duly
noticed public hearing to consider the staff report, recommendations by staff, and public
testimony concerning the ordinance. Following the public hearing, the Planning
Commission voted to continue the public hearing to a date uncertain, and
WHEREAS, on October 15, 2024, the Planning Commission resumed the
consideration of the ordinance at a duly noticed public he aring. Following the public
hearing, the Planning Commission voted to forward the ordinance to the City Council with
a recommendation in favor of its adoption; and
WHEREAS, on January 28, 2025, the City Council conducted a duly noticed public
hearing to consider the ordinance, including: (1) the public testimony and agenda reports
prepared in connection with the ordinance; (2) the policy considerations discussed
therein; and (3) the consideration and recommendation of the Planning Commission; and
Page 138 of 462
ORDINANCE NO.
PAGE 2
WHEREAS, the City Council of the City of Arroyo Grande, at its regularly
scheduled public meeting on January 28, 2025, introduced this Ordinance to add Section
16.70 to, and amend various provisions of, Title 16 of the Arroyo Grande Municipal Code
relating to wireless telecommunication facilities; and
WHEREAS, all legal prerequisites to the adoption of the ordinance have occurred.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES
ORDAIN AS FOLLOWS:
SECTION 1. Incorporation. The above recitals are true and correct and are
incorporated herein by this reference.
SECTION 2. Environmental. The City Council finds that this Ordinance is not a
“project” subject to the California Environmental Quality Act (“CEQA”), because it has no
potential to result in a direct or indirect physical change in the environment. The
Ordinance does not authorize any specific development or installation on any specific
piece of property within the City’s boundaries. Moreover, when and if an application for
installation is submitted, the City will at that time conduct preliminary review of the
application in accordance with CEQA. Alternatively, even if the Ordinance is a “project”
within the meaning of State CEQA Guidelines Section 15378, the Ordinance is exempt
from CEQA on multiple grounds. First, the Ordinance is exempt from CEQA because it
can be seen with certainty that there is no possibility that the Ordinance may have a
significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3)). This is
because approval of the Ordinance will not result in the actual installation of any facilities
in the City. In order to install a facility in accordance with this Ordinance, the wireless
provider would have to submit an application for installation of the wirel ess facility, and
the City would conduct preliminary review under CEQA at that time. Alternatively, the
Ordinance is categorically exempt from CEQA under State CEQA Guidelines sections
15301 (existing facilities), 15302 (replacement or reconstruction), 15303 (new
construction or conversion of small structures), and/or 15304 (minor alterations to land).
Notably, the wireless facilities regulated by the Ordinance typically have small footprints,
and there are no unusual circumstances that apply to the Ordinan ce or the wireless
facilities that it regulates. Moreover, the eligible facilities requests (“EFRs”) regulated by
the Ordinance are not subject to CEQA because the City does not have discretion to deny
qualifying EFRs under federal law. For all of the foregoing reasons, the Ordinance is not
subject to CEQA.
SECTION 3. Required Findings. In accordance with section 16.16.040(E) of the
Arroyo Grande Municipal Code, the City Council hereby makes the following findings:
1. General Plan. The ordinance’s amendments to the AGMC are consistent
with the General Plan and it is necessary and desirable to implement the provisions
thereof. Specifically, policies in the Land Use Element encourage the maintenance and
expansion of utilities, including wireless telecommunication facilities to support
community needs. The Land Use Element also includes policies to maintain town
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ORDINANCE NO.
PAGE 3
character through community design guidelines which encourage design standards to
screen and obscure mechanical facilities, structures, and features. The General Plan’s
Housing Element discusses, in section 4.4, the need to improve and augment
infrastructure resources like telecommunication facilities that allow ease of
communication among the City’s residents. For these reasons, the ordinance’s
amendments to the AGMC are consistent with the General Plan and it is necessary and
desirable to implement the provisions thereof.
2. Health, Safety, and Welfare; Illogical Land Use Pattern. Adoption of the
ordinance will not adversely affect the public health, safety, and welfare as it establishes
robust, detailed standards for the siting, design, and regulation of wireless
telecommunication facilities while remaining within the confines of state and federal law.
These changes implement state and federal requirements relating to wireless
telecommunication facilities and measures have been taken to establish preferred
locations for wireless telecommunications facilities and imposes reasonable aesthetic
regulations. With respect to public safety, facilities must demonstrate compliance with
FCC radio frequency emission standards in order to be approved.
3. Consistency with Title 16. This ordinance is consistent with the purpose and
intent of AGMC Title 16 because it implements the goals, objectives, policies, and
programs of the general plan as discussed above, is intended to result in the orderly
development of wireless telecommunication facilities, uses federally mandated safety
standards, achieves significant social and economic advantages by providing a means to
allow approval of telecommunication facilities, which is necessary to public safety to
facilitate communication among residents, businesses, and visitors to the City, and it does
not alter or revise the type or intensity of allowed uses, ensuring that the provisions thereof
are consistent with the City’s General Plan.
4. Environmental. The potential environmental impacts of the proposed
changes to this title are insignificant. See Section 2 above, which findings are adopted
into this section by reference.
SECTION 4. Code Amendment. Section 16.52.040 “Antennas and satellite
dishes” of Chapter 16.52 “Specific Use Development Standards” of Title 16 “Development
Code” is hereby deleted in its entirety.
SECTION 5. Code Amendment. Subsection 16.48.030(B)(5) of Section
16.48.030 “”Accessory structures” of Chapter 16.48 “General Development Standards” of
Title 16 “Development Code” is hereby amended to read as follows:
“5. All Nonresidential Uses Except Public Buildings, Schools, Churches and
Hospitals. Flues, chimneys, elevators and other mechanical equipment, spires, bell
towers, or similar architectural, utility, or mechanical features may exceed the height limit
by not more than fifteen (15) feet, provided such feature shall not be used for habitable
space and appropriate screening is provided, if necessary.”
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SECTION 6. Code Amendment. Subsection 16.48.030(B)(6) of Section
16.48.030 “”Accessory structures” of Chapter 16.48 “General Development Standards” of
Title 16 “Development Code” is hereby amended to read as follows:
“6. Public Buildings, Schools, Churches and Hospitals. Flues, chimneys,
elevators and other mechanical equipment, spires, bell towers, or similar architectural,
utility, or mechanical features may not exceed a height of fifty (50) feet measured from
the grade average finished ground level to the highest point of such a structure.”
SECTION 7. Code Amendment. The definitions for “Antenna”, "Satellite dish
antenna", "Small cell telecommunication facility", "Telecommunications facility", and
"Wireless telecommunication facility” of Section 16.04.070 “Definitions” of Chapter 16.04
“Introductory Provisions and Definitions” of Title 16 “Development Code” are hereby
deleted in their entirety and Section 16.04.070 shall be automatically adjusted
alphabetically.
SECTION 8. Code Amendment. Table 16.36.030(A) of Section 16.36.030
“Commercial and mixed use regulations” of Chapter 16.36 “Commercial and Mixed Use
Districts” of Title 16 “Development Code” is hereby amended to remove the rows for
“Small Cell Tele-communication facilities (commercial)” and “Tele-communication
facilities (commercial)” as shown in the attached Exhibit “A-1,” and incorporated by
reference, and footnotes 4 and 5 shall be deleted in their entirety.
SECTION 9. Code Amendment. Table 16.44.040-A of Section 16.44.040
“Public/quasi-public (PF) district” of Chapter 16.44 “Special Districts” of Title 16
“Development Code” is hereby amended to remove the rows for “Small cell
telecommunication facilities (commercial)” and “Telecommunication facilities
(commercial)” as shown in the attached Exhibit “A-2,” and incorporated by reference.
SECTION 10. Code Amendment. Chapter 16.70 “Wireless Telecommunications
Facilities” is hereby added to Title 16 “Development Code” as shown in the attached
Exhibit “A-3,” and incorporated by reference.
SECTION 11. Revocation of City Council Resolution No. 4791. City Council
Resolution No. 4791 is hereby revoked and is of no further force and effect as of the
effective date of this ordinance.
SECTION 12. Publication. A summary of this ordinance shall be published in a
newspaper published and circulated in the City of Arroyo Grande at least five days prior
to the City Council meeting at which the proposed ordinance is to be adopted. A certified
copy of the full text of the proposed ordinance shall be posted in the office of the City
Clerk. Within 15 days after adoption of the ordinance, the summary with the names of
those City Council members voting for and against the ordinance shall be published
again, and the City Clerk shall post a certified copy of the full text of such adopted
ordinance.
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SECTION 13. Effective Date. This ordinance shall become effective 30 days after
adoption.
SECTION 14. Severability. Should any provision of this ordinance, or its
application to any person or circumstance, be determined by a court of competent
jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have
no effect on any other provision of this ordinance or the application of this ordinance to
any other person or circumstance, and, to that end, the provisions hereof are severable.
The City Council declares that it would have adopted all the provisions of this ordinance
that remain valid if any provisions of this ordinance are declared invalid.
SECTION 15. Records. The documents and materials associated with this
ordinance that constitute the record of proceedings on which the City Council’s findings
and determinations are based are located at 300 E. Branch Street, Arroyo Grande, CA
93420. The City Clerk is the custodian of the record of proceedings.
On motion by Council Member ______, seconded by Council Member _______, and by
the following roll call vote to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this ____ day of _______, 2025.
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___________________________________
CAREN RAY RUSSOM, MAYOR
ATTEST:
___________________________________
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
________________________________
MATTHEW DOWNING, CITY MANAGER
APPROVED AS TO FORM:
___________________________________
ISAAC ROSEN, CITY ATTORNEY
Page 143 of 462
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EXHIBIT A-1
Allowed Land
Uses and
Permit
Requirements
—LAND USE
IMU TMU
D-2.11
VCD
HCO
D-2.4
VMU
D-2.11
HCO
D-2.4
GMU FOMU HMU OMU 1
D-2.20
RC 2 Specific Use
Standards
and other
references
…
Small Cell Tele-
communication
Facility
MUP MUP MUP/
CUP
MUP/
CUP
MUP MUP MUP MUP MUP Subject to the
Telecommuni
cation
Facilities
Siting and
Permit
Submittal
Requirements
as adopted by
City Council
Resolution
Tele-
communication
facilties
CUP MUP NP CUP CUP CUP MUP CUP CUP Subject to the
Telecommuni
cation
Facilities
Siting and
Permit
Submittal
Requirements
as adopted by
City Council
Resolution
…
4. Telecommunication facilities that are publicly visible are subject to a CUP.
5.The planning commission shall review applications for small cell telecommunication facilities that are
proposed in the Village Core Downtown district and are publicly visible.
Page 144 of 462
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EXHIBIT A-2
Use PF
…
15. Small cell telecommunication facilities (commercial) MUP (subject to the telecommunication facilities siting
and permit submittal requirements as adopted by city
council resolution)
16. Telecommunication facilities (commercial) CUP (subject to the telecommunication facilities siting
and permit submittal requirements as adopted by city
council resolution)
…
Page 145 of 462
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EXHIBIT A-3
Chapter 16.70
WIRELESS TELECOMMUNICATIONS FACILITIES
Sections:
16.70.010 Purpose.
16.70.020 Definitions.
16.70.030 Exemptions.
16.70.040 Permits required.
16.70.050 Application submittal requirements.
16.70.060 Findings.
16.70.070 Design, development, and location standards.
16.70.080 Limited Exceptions to Design, Development and Location Standards.
16.70.090 Standard conditions of approval.
16.70.100 Peer review.
16.70.110 Denial without prejudice due to failure to respond to notice(s) of
incompleteness.
16.70.120 Nonconforming facilities.
16.70.130 Revocation.
16.70.010 Purpose.
The purpose of this chapter is to establish comprehensive requirements and
development standards for antennas and wireless telecommunications facilities,
including on public and private property and in public rights-of way. These regulations
are intended to provide for the managed development of antennas and wireless
telecommunications facilities in a manner that recognizes and enhances the community
benefits of wireless telecommunications technology and reasonably accommodates the
needs of citizens and wireless telecommunications service providers in accordance with
federal and state rules and regulations. At the same time, these regulations are
intended to protect neighbors from potential adverse impacts of such fac ilities, including
but not limited to noise, traffic, aesthetic and other impacts over which the city has
purview, and to preserve the visual character of the established community through
appropriate design, siting, screening, maintenance, and location st andards.
16.70.020 Definitions.
For the purpose of this chapter only, certain words and terms are hereby defined. Words
used in the singular shall be deemed to include the plural and the plural the singular;
and the word "shall" is mandatory and not discretionary. Reference to "facility" is
interchangeable with "wireless telecommunications facility," unless otherwise noted.
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“Amateur radio antenna” means a ground, building, or tower-mounted antenna,
or similar antenna structure, operated by a federally licensed amateur radio operator as
part of the Amateur Radio Service, and as designated by the Federal Communications
Commission (FCC).
“Antenna” means any system of wires, poles, rods, reflecting discs, or similar
devices used in wireless communications for the transmission or reception of
electromagnetic waves when such system is operated or operating from a fixed
location.
“Base station” has the same meaning as provided in 47 C.F.R. § 1.6100(b)(1), as
may be amended, which defines that term as follows:
A structure or equipment at a fixed location that enables FCC-licensed or authorized
wireless telecommunications between user equipment and a communications
network. The term does not encompass a tower as defined in 47 C.F.R. § 1.6100(b)
or any equipment associated with a tower.
1. The term includes, but is not limited to, equipment associated with wireless
telecommunications services such as private, broadcast, and public safety
services, as well as unlicensed wireless services and fixed wireless services
such as microwave backhaul.
2. The term includes, but is not limited to, radio transceivers, antennas, coaxial or
fiber-optic cable, regular and backup power supplies, and comparable
equipment, regardless of technological configuration (including distributed
antenna systems and small-cell networks).
3. The term includes any structure other than a tower that, at the time the relevant
application is filed with the state or local government under this section, supports
or houses equipment described in subsections 1 and 2 of this definition that has
been reviewed and approved under the applicable zoning or siting process, or
under another state or local regulatory review process, even if the structure was
not built for the sole or primary purpose of providing such support.
4. The term does not include any structure that, at the time the relevant application
is filed with the state or local government under this section, does not support or
house equipment described in subsections 1 and 2 of this definition.
“Collocation” has the same meaning as defined by the FCC in 47 C.F.R. §
1.6002(g), as may be amended, which defines that term as: (1) mounting or installing an
antenna facility on a preexisting structure; and/or (2) modifying a structure for the
purpose of mounting or installing an antenna facility on that structure. Notwithstanding
the foregoing, for eligible facilities requests only, “collocation” has the same meaning as
provided in 47 C.F.R. § 1.6100(b)(2), as may be amended, which defines that term as
Page 147 of 462
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“[t]he mounting or installation of transmission equipment on an eligible support structure
for the purpose of transmitting and/or receiving radio frequency signals for
communications purposes.”
“Community Development Director” means the Arroyo Grande Community
Development Director, or designee.
“Eligible facilities requests ” has the same meaning as that term is defined in 47
C.F.R. § 1.6100(b)(3), as may be amended, which defines that term as “[a]ny request
for modification of an existing tower or base station that do es not substantially change
the physical dimensions of such tower or base station, involving: (i) [c]ollocation of new
transmission equipment; (ii) [r]emoval of transmission equipment; or (iii) [r]eplacement
of transmission equipment.”
“Eligible support structure” has the same meaning as provided in 47 C.F.R. §
1.6100(b)(4), as may be amended, which defines that term as “[a]ny tower or base
station as defined in this section, provided that it is existing at the time the relevant
application is filed with the state or local government under this section.”
“Equipment cabinet” means an enclosure used to house multiple items of
equipment associated with a wireless telecommunications facility.
“Existing” has the same meaning as provided in 47 C.F.R. § 1.6100(b)(5), as
may be amended, which provides that “[a] constructed tower or base station is existing
for purposes of [the FCC’s eligible facilities request regulations] if it has been reviewed
and approved under the applicable zoning or siting process, or under another state or
local regulatory review process, provided that a tower that has not been reviewed and
approved because it was not in a zoned area when it was built, but was lawfully
constructed, is existing for purposes of this definition.”
“Federal Communications Commission” or “FCC” mean the Federal
Communications Commission or its lawful successor.
“Height” of a wireless telecommunications facility means the vertical distance
measured from the natural undisturbed ground surface below the center of the base of
said facility to the top of the facility itself or, if higher, to the tip of the highest antenna or
appurtenance attached thereto. In the case of building-mounted facilities the height of
the facility includes the height of the portion of the building on which it is mounted. In the
case of crank-up or other similar towers whose height can be adjusted, the height of the
facility shall be the maximum height to which it is capable of being raised.
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“Monopole” means a single freestanding pole, post, or similar non-lattice
structure used to support antennas and equipment associated with a wireless
telecommunications facility.
“Personal wireless services” has the same meaning as provided in 47 U.S.C. §
332(c)(7)(C)(i), as may be amended, which defines the term as “commercial mobile
services, unlicensed wireless services, and common carrier wireless exchange access
services.”
“Public property” is commonly used as a designation of those things which are
considered owned by “the public,” the state or community, and not restricted to
dominion of a private person. It may also apply to any property owned by a state,
nation, or municipality. It does not include public right-of-way.
“Public right-of-way” means and includes all land or interest in land which by
deed, conveyance, agreement, easement, dedication, usage, or process of law is
reserved for or dedicated to the use of the general public for street or highway
purposes.
“Public safety facilities” means facilities used only for public safety functions and
owned or operated by governmental entities such as police, fire and emergency
operators.
“Equipment” means any and all equipment ancillary to the antenna used for
transmission and reception of radio frequency, electromagnetic, or other wireless
signals. Such equipment may include, but is not limited to, RRUs, cable, conduit,
connectors, batteries, and generators.
“Roof-mounted” or “building-mounted” antenna means an antenna directly
attached or affixed to the roof of, on the facade, or elsewhere on a pre existing building,
tank or similar structure other than a Tower.
“Site” has the same meaning as provided in 47 C.F.R. § 1.6100(b)(6), as may be
amended, which provides that “[f]or towers other than towers in the public rights -of-way,
the current boundaries of the leased or owned property surrounding the tower and any
access or utility easements currently related to the site, and, for other eligible support
structures, further restricted to that area in proximity to the structure and to other
transmission equipment already deployed on the ground. The current boundaries of a
site are the boundaries that existed as of the date that the original support structure or a
modification to that structure was last reviewed and approved by a state or local
government, if the approval of the modification occurred prior to the Spectrum Act or
otherwise outside of the eligible facilities request process.”
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“Small wireless facility” has the same meaning as provided in 47 C.F.R. §
1.6002(l), as may be amended, which defines that term as facilities that meet each of
the following conditions:
1. The facility:
a. Is mounted on structures 50 feet or less in height including their antennas as
defined in 47 C.F.R. § 1.1320(d); or
b. Is mounted on structures no more than 10% taller than other adjacent
structures; or
c. Does not extend existing structures on which they are located to a height of
more than 50 feet or by more than 10%, whichever is greater;
2. Each antenna associated with the deployment, excluding associated antenna
equipment (as defined in the definition of antenna in 47 C.F.R. § 1.1320(d)), is no
more than three cubic feet in volume;
3. All other wireless equipment associated with the structure, including the wireless
equipment associated with the antenna and any preexisting associated
equipment on the structure, is no more than 28 cubic feet in volume;
4. The facility does not require antenna structure registration under part 17 of this
chapter;
5. The facility is not located on tribal lands, as defined under 36 C.F.R. § 800.16(x);
and
6. The facility does not result in human exposure to radio frequency radiation in
excess of the applicable safety standards specified in 47 CFR § 1.1307(b).
“Stealth facility” means any wireless telecommunications facility which is
designed to blend into the surrounding environment by means of screening,
concealment, or camouflage intended to make the facility look like something other than
a wireless tower or base station. The antenna and related equipment are either not
readily visible beyond the property on which they are located, or, if visible, appear to be
part of the existing natural or built environment rather than as a wireless
telecommunications facility.
“Substantial change” has the same meaning as provided in 47 C.F.R. §
1.6100(b)(7), as may be amended, which defines that term as a substantial modification
changing the physical dimensions of an eligible support structure that meets any of the
following criteria:
1. 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,
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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.
2. 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; fo r 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;
a. 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;
b. 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;
c. It would defeat the concealment elements of the eligible support structure; or
d. It does not comply with conditions associated with the siting approval of the
construction or modification of the eligible support structure or base station
equipment, provided however that this limitation does not apply to any
modification that is non-compliant only in a manner that would not exceed the
thresholds identified in § 1.6100(b)(7)(i) through (iv).
“Tower” has the same meaning as provided in 47 C.F.R. § 1.6100(b)(9), as may
be amended, which defines that term as “[a]ny structure built for the sole or primary
purpose of supporting any [FCC]-licensed or authorized antennas and their associated
facilities, including structures that are constructed for wireless telecommunications
services including, but not limited to, private, broadcast, and public safety services, as
well as unlicensed wireless services and fixed wireless services such as microwave
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backhaul, and the associated site.” Examples include, but are not limited to, monopoles,
mono-trees and lattice towers. This definition does not include utility poles.
“Transmission equipment” has the same meaning as provided in 47 C.F.R. §
1.6100(b)(8), as may be amended, which defines that term as “[e]quipment that
facilitates transmission for any [FCC]-licensed or authorized wireless communications
service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic
cable, and regular and backup power supply. The term includes equipment associated
with wireless telecommunications services including, but not limited to, private,
broadcast, public safety services, as well as fixed wireless services, such as microwave
backhaul.”
“Utility pole” means any structure designed to support electric, telephone, and
similar utility lines, but does not include an electric pole used solely for the transmission
of electricity at 50 kilovolts or higher. A tower is not a utility pole.
“Wireless telecommunications facility” or “facility” means an unstaffed facility at a
fixed location, generally consisting of antennas, an equipment cabinet or enclosure,
building, shed, or shelter, and related equipment, which receives and/or transmits radio
frequency, electromagnetic, or other wireless signals for the purpose of transmitting
voice or data.
16.70.030 Exemptions.
The requirements of this chapter do not apply to antennas or antenna structures set
forth in this section, unless noted otherwise below. Each exempt facility shall fully
comply with other applicable requirements of the Arroyo Grande Municipal Code to the
extent not specially exempted in this section, including but not limited to the adopted
uniform codes, including: Building Code, Electrical Code, Plumbing Code, Mechanical
Code, and Fire Code.
A. Over-the-air-reception-devices (OTARD) antennas.
1. Satellite dishes 39.37 inches (one meter) or less. Direct broadcast satellite (DBS)
antennas and multipoint distribution services (MDS) antennas measuring one
meter or less in diameter (or diagonal measurement) and either: (a) intended for
the sole use of a person occupying the same parcel to receive direct broadcast
satellite service, including direct-to-home satellite service, or to receive or
transmit fixed wireless signals via satellite or (b) a hub or relay antenna used to
receive or transmit fixed wireless services that are not classified as
telecommunications services; and
2. Non-satellite dishes 39.37 inches (one meter) or less. A dish antenna 39.37
inches or less in diameter or diagonal measurement and (a) intended for the sole
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use of a person occupying the same parcel to receive video programming
services via multipoint distribution services, including multichannel multipoint
distribution services, instructional television fixed services, and local multipoint
distribution services, or to receive or transmit fixed wireless signals other than via
satellite or (b) a hub or relay antenna used to receive or transmit fixed wireless
services that are not classified as telecommunications services; and
3. Television broadcast system (TVBS) antennas, provided: (a) the antenna is
located entirely on and/or above the subject property, and (b) no portion of any
ground-mounted antenna is within a required front yard setback for the main
building, in front of the main building, within a required side yard setback of a
corner lot or adjacent to a street.
B. Satellite earth station (SES) antennas. Satellite earth station (SES) ante nnas
measuring two meters or less in diameter (or diagonal measurement) located on a
property within any commercial or industrial zoning district, provided: (1) the antenna is
located entirely on and/or above the subject property; and (2) no portion of any ground-
mounted antenna is within a required front yard setback for the main building, in front of
the main building, within a required side yard setback of a corner lot or adjacent to a
street. All SES antennas require a building permit and minor use perm it for review of
placement to ensure that maximum safety is maintained.
C. Amateur radio antennas. Antennas and antenna structures constructed by or for
FCC-licensed amateur radio operators that comply with the following provisions. Such
an antenna or antenna structure requires a building permit and minor use permit for
review of placement to ensure that maximum safety is maintained:
1. The antenna structure, when fully extended, measures 35 feet or less in height,
and measures 24 inches or less in diameter or width;
2. The antenna boom measures 20 feet or less in length and is three inches or less
in diameter;
3. No antenna element exceeds 32 feet in length or two inches in diameter or width,
with the exception of mid-element tuning devices which shall not exceed six
inches in diameter or width;
4. The turning radius of any antenna does not exceed 26 feet; and
5. All antennas and antenna structures shall comply with Section 16.70.070, and
other applicable provisions of the Arroyo Grande Municipal Code.
D. Public safety facilities. Facilities used only for public safety or other noncommercial
governmental functions, including personal wireless services, used and maintained by
the city, or any fire district, school district, hospital, ambulance service, governmental
agency, or similar public or semipublic use.
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E. Temporary mobile facilities. Mobile facilities placed on a site for less than seven
consecutive days, provided any other necessary permits are obtained.
F. Collocation facilities. A proposed collocation facility that meets all of the requirements
of California Government Code section 65850.6.
G. Emergency facilities. Wireless telecommunications facilities erected and operated for
emergency situations, as designated by the police chief or City Manager, so long as the
facility is removed at the conclusion of the emergency.
16.70.040 Permits required.
A person who proposes to install or operate a wireless telecommunications facility shall
first obtain approval, as set forth in subsection A of this section (if the facility would be
located in public right-of-way) or as set forth in subsection B of this section (if the facility
would be located on private or public property), unless the facility is exempt under
Section 16.70.030.
A. Public right-of-way.
1. Minor Use Permit-Plot Plan Review. Only small wireless facilities and qualifying
eligible facilities requests are permitted within the public right of way. A minor use
permit-plot plan review approval shall be required to construct, install, or modify a
wireless telecommunications facility in the public right of way. Applications for
minor use permits-plot plan review for facilities within the public right-of-way are
subject to review and approval by the Community Development Director.
Following receipt of an application for minor use permit-plot plan subject to this
chapter, the Community Development Director shall provide written notice of the
pending application to all parcel owners within 500 feet of the proposed facility.
No public hearing shall be required. The decision of the Community Development
Director shall be final and not subject to appeal.
2. Other Permits Required by Code. In addition, applicants for a minor use permit -
plot plan review to construct, install, or modify a wireless telecommunications
facility in the public right of way must also obtain all other permits and approvals
required by the Arroyo Grande Municipal Code, including but not limited to
encroachment permits for accessing, working, or staging within the public right
of-way or on city-owned public property or building permits.
B. Private property and public property
1. Minor Use Permit-Architectural Review. A minor use permit-architectural review
approval shall be required for any wireless telecommunications facility or
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modification thereof on private property or public property that is: (i) an eligible
facilities request; (ii) a small wireless facility; or (iii) a collocation of a personal
wireless services facility on an existing structure and does not qualify as (i) or (ii).
Applications for minor use permits-architectural review for wireless facilities on
private or public property are subject to review and approval by the Community
Development Director. The Community Development Director may refer an
application to the Architectural Review Committee for review when an application
does not clearly demonstrate compliance with the applicable design,
development or location standards set forth in Section 16.70.070 and no limited
exception has been requested in accordance with Section 16.70.080. Following
receipt of an application for minor use permit-architectural review subject to this
chapter, the Community Development Director shall provide written notice of the
pending application to all parcel owners within 500 feet of the proposed facility.
No public hearing shall be required.
a. The decision of the Community Development Director on any application for
an eligible facilities request or small wireless facility collocation on an existing
structure shall be final and not subject to appeal.
b. The decision of the Community Development Director on any application for a
small wireless facility on a new or replacement structure or a collocation that
does not qualify as an eligible facilities request or a small wireless facility shall
be final unless appealed by any affected party directly to city council, whose
decision shall be final. Once an appeal is filed, the city council's authority to
review the decision being appealed is not limited to the original reason stated
for the appeal. The city council may review and take action on all
determinations, interpretations, decisions, judgments, or similar actions taken
on the application, and are not limited to the reason stated for the appeal.
Appeals shall be in writing on a form obtained from the city clerk. The
appellant shall state the specific reasons for the basis of the appeal. Appeal
applications shall include the required fee and mailing labels for property
owners within five hundred (500) feet of the project being appealed. An
appeal as authorized by this section shall be filed with the office of the city
clerk within ten (10) calendar days following the date of action for which an
appeal is made or the date the action is reported to the planning commission
on the consent agenda. Once an appeal is filed , it shall not be withdrawn
except with the consent of the city council. The appeal shall be heard in
accordance with the procedures outlined by subsection 16.12.150(C) and
16.12.150(D).
2. Conditional use permit. A conditional use permit issued in acco rdance with the
procedures set forth in Section 16.16.050 is required for the installation of any
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wireless telecommunications facility that is not subject to a minor use permit-plot
plan review set forth in subsection (A), a minor use permit-architectural review set
forth in subsection (B)(1) above or a minor use permit-temporary uses set forth in
(C) below. Following receipt of an application for a conditional use permit subject to
this chapter, the Community Development Director shall provide written not ice of the
pending application to all parcel owners within 500 feet of the proposed facility.
3. Other Permits Required by Code. In addition, applicants for a minor use permit -
architectural review or conditional use permit to construct, install, or modif y a
wireless telecommunications facility on public or private property must also obtain all
other permits and approvals required by the Arroyo Grande Municipal Code,
including but not limited to encroachment permits for accessing, working, or staging
within the public right-of-way or on city-owned public property or building permits.
C. Temporary Facilities - Minor Use Permit-Temporary Uses. A minor use permit-
temporary uses issued in accordance with the procedures set forth in Section 16.16.090
is required for the installation of any wireless telecommunications facility intended or
used to provide personal wireless services on a temporary or emergency basis, such as
a large-scale special event in which more users than usual gather in a single location or
following a duly proclaimed local or state emergency as defined in Government Code
section 8558 requiring additional service capabilities for a period not to exceed 90
consecutive days.
D. License Agreement. A license agreement entered into with the city shall be required
for use of or attachment to any city-owned streetlights, vertical infrastructure or other
City-owned property within the public right-of-way or on City-owned public property.
16.70.050 Application submittal requirements.
An applicant seeking an approval subject to this chapter shall complete and submit an
application to the Community Development Department for review and processing,
upon the form published by the Community Development Director, which may be
updated from time to time.
16.70.060 Findings.
The hearing body or individual considering an application for a minor use permit -
architectural review permit, minor use permit-plot plan review, or a conditional use
permit subject to this chapter may approve the application only upon making the
following findings, or to the extent the proposed wireless telecommunications facility
does not comply with all applicable requirements, the applicant has requested a limited
exception pursuant to Section 16.70.080 and the findings for granting a limited
exception can be made.
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1. Minor Use Permit – Plot Plan Review (Non Eligible Facilities Requests): The
Community Development Director may approve a minor use permit—plot plan review
application subject to this chapter in whole or in part, with or without conditions, only if,
on the basis of the application and other materials or evidence provided in review
thereof, all of the following findings of fact can be made in an affirmative manner:
1. All findings for approval required for minor use permit—plot plan review as
specified in Section 16.16.080; and
2. The facility complies with all applicable requirements of this chapter, including all
requirements for the requested permit; all application requirements; and all
applicable design, location, and development standards, or has met the
requirements for a limited exception as outlined in 16.70.080; and
3. The proposed facility will comply with all generally applicable laws.
2. Minor Use Permit – Architectural Review (Non Eligible Facilities Requests): The
Community Development Director may approve a minor use permit-architectural review
application subject to this chapter in whole or in part, with or without conditions, only if,
on the basis of the application and other materials or evidence provided in review
thereof, all of the following findings of fact can be made in an affirmative manner:
1. All findings for approval required for minor use permit—architectural review as
specified in Section 16.16.130; and
2. The facility complies with all applicable requirements of this chapter, including all
requirements for the requested permit; all application requirements; and all
applicable design, location, and development standards, or has met the
requirements for a limited exception as outlined in 16.70.080; and
3. The proposed facility will comply with all generally applicable laws.
3. Conditional Use Permit: The planning commission may approve a conditional use
permit application subject to this chapter in whole or in part, with or without conditions,
only if, on the basis of the application and other materials or evidence provided in
review thereof, all of the following findings of fact can be made in an affirmative manner:
1. All findings for approval required for conditional use permit as specified in
Section 16.16.050; and
2. The facility complies with all applicable requirements of this chapter, including all
requirements for the requested permit; all application requirements; and all
applicable design, location, and development standards, or has met the
requirements for a limited exception as outlined in 16.70.080; and
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3. The proposed facility will comply with all generally applicable laws.
4. Eligible Facilities Requests: No minor use permit-plot plan review or minor use
permit-architectural review shall be approved for an eligible facilities request unless, on
the basis of the application and other materials or evidence provided in review thereof,
the following findings are made:
1. The proposed collocation or modification meets each and every one of the
applicable criteria for an eligible facilities request stated in 47 C.F.R. sections
1.6100(b)(3)—(9), or any successor provisions, after application of the definitions
in 47 C.F.R. section 1.6100(b). The Community Development Director shall make
an express finding for each criterion; and
2. The proposed facility complies with conditions associated with the siting approval
of the construction or modification of the eligible support structure or base station
equipment, except to the extent preempted by 47 C.F.R. sections
1.6100(b)(7)(i)—(iv), or any successor provisions; and
3. The proposed facility will comply with all generally applicable laws.
16.70.070 Design, Development, and Location Standards.
Each wireless telecommunications facility subject to this chapter (except eligible
facilities requests) shall be designed, installed and operated in compliance with these
location, design and development standards, unless specifically stated otherwise in t his
section.
A. Location Standards. When considering compatibility of a location and structure for
wireless telecommunications facilities, applicants shall propose those that will be the
least intrusive to community character and values. Subsection (B) of this section
provides a ranking that describes zoning districts where facilities are least compatible to
most compatible with other uses. Subsection (C) of this section provides the City’s
preference for placement on particular structures. Subsection (D) provides additional
special considerations for site selection on public rights-of-way. Subsection (E) of this
section provides general design standards.
B. Ranked Locations. Applicants must propose placement of new Towers or new
structures for wireless telecommunications facilities in locations with the least intrusive
land use designation (i.e., zoning) that are technically feasible and potentially available .
Applications proposing placement in Tier I or II must include a written justification as
part of the application submittal, supported by factual and verifiable evidence, that
shows the Tier III (and if applicable Tier II) land use tier is not technically feasible and
available. The following land use tiers are ranked from least compatible to most
compatible:
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Tier I (Not compatible):
Residential Zoning Designations: Residential Estate (RE), Residential Hillside (RH),
Rural Residential (RR), Residential Suburban (RS), Single-Family Residential (SF),
Village Residential (VR), Condominium/Townhouse (MF), Multifamily Apartment (MFA),
Multifamily Very High Density (MFVH), Mobilehome Park (MHP), Village Mixed Use
(VMU)
Tier II (Less compatible):
Mixed Use Zoning Designations: Fair Oaks Mixed Use (FOMU), Highway Mixed Use
(HMU), Gateway Mixed Use (GMU), Office Mixed Use (OMU), Village Core Downtown
(VCD)
Tier III (Most compatible):
Industrial Mixed Use (IMU), Traffic Way Mixed Use (TMU), Regional Commercial (RC),
Public Facility (PF), Agricultural (AG)
1. Wireless telecommunications facilities shall not be placed directly in front of the
primary entrance of any primary residential building or multifamily building
located in the following zones: Residential Estate (RE), Residential Hillside (RH),
Rural Residential (RR), Residential Suburban (RS), Single-Family Residential
(SF), Village Residential (VR), Condominium/Townhouse (MF), Multifamily
Apartment (MFA), Multifamily Very High Density (MFVH), Mobilehome Park
(MHP), Village Mixed Use (VMU).
C. Structure Selection. Applicants shall propose placement on the most compatible
structure that is technically feasible and available. Any application to place a wireless
telecommunications facility on a structure other than the most compatible structure must
include a written justification, based on factual and verifiable eviden ce, that shows no
more compatible structure is technically feasible and available.
1. Structure Selection on Private and Public Property . The following structures are
ranked from least compatible to most compatible on parcels:
a. New (nonreplacement) structures (New Towers, monopoles, and other
standalone facilities).
b. Historic structures and buildings that are listed or qualify for listing on the
California Office of Historic Preservation Resources registry or the national
register of historic places.
c. Existing (or replacement) nonbuilding structures, such as water towers, water
tanks/ reservoirs, grain bins or silos, without existing wireless facilities.
d. Existing nonbuilding structures, such as monopines, faux water towers, water
tanks/ reservoirs, grain bins or silos with existing wireless facilities.
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e. Existing buildings, such as rooftop or façade mounted, within steeples, faux
copulas and other buildings with sufficient capacity to support a facility.
2. Structure Selection on Public Rights-of-Way. New (non-replacement) structures
of any type (utility pole or non-pole) are the least compatible structures to use on
public rights-of-way. Deployment on existing (or replacement) utility poles and
streetlights are the most compatible and preferred structures. Wireless
telecommunications facilities are not permitted to be deployed on decorative
streetlights. Selection of structures/locations in the public right-of-way is also
subject to the limitations in subsection (D) of this section.
D. Public Right of Way Location Selection Standards. Wireless telecommunications
facilities are not permitted in the following locations in the public right of way unless the
application includes a written justification, based on factual and verifiable evidence, that
shows no structure/location is technically feasible and available outside these locations:
1. Directly in front of the areas which are five feet in either direction from the
centerline of each entry door or window in the front facade of any occupied
residential building.
2. Within a 300-foot radius from another wireless telecommunications facility within
the public rights-of-way.
3. Any location that would adversely affect the normal drainage of surface water,
unless an acceptable mitigation is included that will be advantageous to the
general public.
4. Any location that would adversely affect vehicular and/or pedestrian traffic or the
parking of vehicles including placements in any visibility triangle that obstructs or
restricts the view necessary for the safe operation of motor vehicles as
determined by the Director of Public Works.
5. Any location that would adversely affect the root structure of any existing trees,
or significantly reduce greenbelt area that may be used for tree planting.
6. Any location within 10 feet of any driveways for police stations, fire stations, or
other emergency responder facilities.
7. Any location that would physically interfere with or impede access to any: (i)
aboveground or underground infrastructure for traffic control, or public
transportation, including, without limitation, any curb control sign, parking meter,
vehicular traffic sign or signal, pedestrian traffic sign or signal, barricade
reflectors; (ii) public transportation vehicles, shelters, street furniture, or other
improvements at any public transportation stop; (iii) aboveground or underground
infrastructure owned or operated by any public or private utility agency; (iv) fire
hydrant or water valve; (v) doors, gates, sidewalk doors, passage doors, stoops,
or other ingress and egress points to any building appurtenant to the right-of-
way; or (vi) fire escape.
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E. Design Standards.
1. General Requirements. This subsection (E) establishes generally applicable
design standards for all facilities, except that eligible facilities requests are
subject only to subsections 16.70.070(E)(1)(e) through 16.70.070(E)(1)(l).
a. Stealth/Concealment. All wireless telecommunications facilities must be
stealth to the maximum extent feasible. Stealth concealment techniques
include, without limitation: (a) transmission equipment placed completely
within existing or replacement architectural features such that the installation
causes no visible change in the underlying structure; (b) new architectural
features that mimic or blend with the underlying or surrounding structures in
style, proportion and construction quality such that they appear part of the
original structure’s design; and (c) concealment elements, measures and
techniques that mimic or blend with the underlying structure, surrounding
environment or adjacent uses.. Colors and materials for wireless facilities
shall be muted, subdued, nonreflective and chosen to minimize visibility to the
greatest extent feasible.
b. Overall Height. On public and private parcels, facilities may not exceed more
than 25 feet above the maximum height allowed by this Arroyo Grande
Municipal Code for the underlying zoning district where the facility is
proposed. In the public right-of-way, wireless facilities on an existing pole may
not have an overall height that exceeds the height of the existin g pole by
more than 10 feet and wireless facilities that involve a replacement pole or a
new pole may not have an overall height that is more than 10 feet above the
height of the replaced pole or existing poles in the vicinity unless additional
height is necessary to comply with CPUC safety standards such as General
Order 95.
c. Setbacks. Setbacks. For towers proposed within 300 feet of a dwelling unit,
the facility should be set back at least 50 feet or the height of the facility,
whichever is greater, measured from the base of the proposed tower to the
closest occupied dwelling unit structure, not including attached garages.
Otherwise, the standard setback for the applicable zoning district shall apply.
d. Finishes. All exterior surfaces shall be painted, colored, and/or wrapped in
flat, muted, subdued, nonreflective hues that match the underlying structure
or blend with the surrounding environment. All exterior surfaces on wireless
facilities shall be constructed from, or coated with, graffiti-resistant materials.
All finishes shall be subject to the reviewing authority’s prior approval.
e. Trees and Landscaping. Wireless facilities shall not be installed (in whole or
in part) on new poles within any tree drip line. All wireless facilities proposed
to be placed in a landscaped area must include landscape and/or hardscape
features (which may include, without limitation, trees, shrubs and ground
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cover) and a landscape maintenance plan. The existing native vegetation
shall be maintained to the maximum extent feasible. The reviewing authority
may require additional landscape features to screen the wireless
telecommunications facility from public view, avoid or mitigate potential
adverse impacts on adjacent properties or otherwise enhance the stealth
techniques required under this chapter. All plants proposed or required must
be reviewed as part of a formal landscaping plan and approved by the City.
f. Noise. All wireless facilities must be compliant with all applicable noise
regulations, which includes, without limitation, any noise regulations in this
Arroyo Grande Municipal Code. The reviewing authority may require the
applicant to incorporate appropriate noise-baffling materials and/or noise-
mitigating strategies to avoid any ambient noise from equipment reasonably
likely to exceed the applicable noise regulations.
g. Lights. Wireless facilities may not include exterior lights other than as may be
required under the Federal Aviation Administration, FCC, or other applicable
Federal or State governmental regulations. All exterior lights permitted or
required to be installed must be installed in locations and within enclosures
that mitigate illumination impacts on other properties to the maximum extent
feasible. Any lights associated with the electronic equipment shall be
appropriately shielded from public view. Any light beacons or lightning
arresters shall be included in the overall height calculation.
h. Signage, Advertisements. All wireless facilities must include signage that
accurately identifies the equipment owner/operator, the owner/operator’s site
name or identification number and a toll-free number to the owner/operator’s
network operations center. W ireless facilities may not bear any other signage
or advertisements unless expressly approved by the reviewing authority,
required by law or recommended under FCC or other Federal governmental
agencies for compliance with RF emissions regulations.
i. Security Measures. To prevent unauthorized access, theft, vandalism,
attractive nuisance or other hazards, reasonable and appropriate security
measures, such as fences, walls and anti-climbing devices may be approved.
Security measures shall be designed and imple mented in a manner that
enhances or contributes to the overall stealth, and the reviewing authority
may condition approval on additional stealth elements to mitigate any
aesthetic impacts, which may include, without limitation, additional landscape
or hardscape features. Barbed wire, razor ribbon, electrified fences or any
similar security measures are prohibited. Alarm systems shall not include any
visible alarms or audible sirens or other sounds.
j. Fire Safety. All wireless facilities shall be designed by qualified, licensed
persons to provide the maximum protection that is technically feasible to
prevent electrical and fire hazards. All wireless facilities shall be proactively
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monitored and maintained to continue and, if possible, improve the safety
design.
k. Compliance With Laws. All wireless facilities must be designed and sited in
compliance with all applicable Federal, State, regional, and local laws,
regulations, rules, restrictions and conditions, which includes without limitation
the California Building Standards Code, Americans with Disabilities Act,
general plan and any applicable specific plan, the Arroyo Grande Municipal
Code and any conditions or restrictions in any permit or other governmental
approval issued by any public agency with jurisdiction o ver the project.
l. Public health. No wireless telecommunications facility shall be sited or
operated in such a manner that it poses, either by itself or in combination with
other such facilities, a potential threat to the public health. To that end, no
facility or combination of facilities shall produce at any time power densities in
any inhabited area that exceed the FCC’s maximum permissible exposure
(MPE) limits for electric and magnetic field strength and power density for
transmitters or any more restrictive standard subsequently adopted or
promulgated by the City, county, state or federal government. Absolute
compliance with FCC Office of Engineering Technology (OET) Bulletin 65, as
amended, is mandatory, and any violation of this section shall be grounds for
the City to immediately terminate any permit granted hereunder, or to order
the immediate service termination of any nonpermitted, noncomplying facility
constructed within the City.
m. Electric Service. The City strongly encourages site operators to use flat-rate
electric service when it would eliminate the need for a meter. Where meters
are required, use the narrowest electric meter and disconnect available.
16.70.080 Limited Exceptions to Design, Development and Location Standards.
A. The Community Development Director and/or the hearing body considering the
application may grant exceptions to the design, development and location standards for
wireless telecommunications facilities subject to this chapter, if it is determined that
denial of an application or strict adherence to the design, development and location
standards would:
1. Prohibit or effectively prohibit the provision of personal wireless services, within
the meaning of federal law; or
2. Otherwise violate applicable laws or regulations; or
3. Require a technically infeasible location, design or installation of a wireless
telecommunications facility;
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4. Involve only minor noncompliance with a requirement, provided such
noncompliance either results in no increase in visual harms to the community or
provides other benefits.
B. To be considered, the applicant must request an exception at the time of application
submittal, and the applicant has the burden of proof.
C. If the Community Development Director and/or the hearing body considering the
application finds that an exception is warranted, said requirements may be waived, but
only to the minimum extent required to avoid the prohibition, violation, or technically
infeasible location, design or installation or minor noncompliance.
16.70.090 Standard conditions of approval.
All permits issued in accordance with this chapter, except for minor use permit-
temporary uses, whether approved by the Community Development Director and/or the
hearing body considering the application or deemed approved by the op eration of law,
shall be automatically subject to the conditions in this section. The Community
Development Director and/or the hearing body considering the application shall have
discretion to modify, supplement, waive or amend these conditions on a case -by-case
basis as may be necessary or appropriate under the circumstances to protect public
health and safety or allow for the proper operation of the approved facility consistent
with the goals of this chapter.
A. Permit term. The permit for a wireless telecommunications facility (except for an
eligible facilities request) will automatically expire at 12:01 a.m. local time exactly 10
years and one day from the issuance date. Any other permits or approvals issued in
connection with an application subject to this Article, which includes without limitation
any permits or other approvals deemed- granted or deemed- approved under federal or
state law, will not extend this term limit unless expressly provided otherwise in such
permit or approval or required under federal or state law.
B. Compliance with Laws. The permittee shall at all times maintain compliance with all
applicable federal, state and local laws, regulations and other rules.
C. Inspections – Emergencies. The city or its designee may enter onto the facility area
to inspect the facility upon reasonable notice to the permittee. The permittee shall
cooperate with all inspections. The city reserves the right to enter or direct its designee
to enter the facility and support, repair, disable or remove any elements of the facility in
when the facility threatens imminent harm to persons or property.
D. Contact information for responsible parties. The permittee shall at all times maintain
accurate contact information for all parties responsible for the facility, which shall
include a phone number, street mailing address and email address for at least one
natural person. All such contact information for responsible parties shall be provided to
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the Community Development Director upon permittee’s receipt of the Community
Development Director’s written request, except in an emergency determined by the city
when all such contact information for responsible parties shall be immediately provided
to the Community Development Director upon that person’s verbal request.
E. Indemnities. The permittee and, if applicable, the owner of the private property upon
which the facility is installed shall defend, indemnify and hold harmless the city of Arroyo
Grande, its agents, officers, officials and employees (1) from any and all damages,
liabilities, injuries, losses, costs and expenses and from any and all claims, demands,
law suits, writs of mandamus and other actions or proceedings brought against the city
or its agents, officers, officials or employees to challenge, attack, seek to modify, set
aside, void or annul the city’s approval of the permit, and (2) from any and all damages,
liabilities, injuries, losses, costs and expenses and any and all claims, demands, law
suits or causes of action and other actions or proceedings of any kind or form, whether
for personal injury, death or property damage, arising out of or in connection with the
activities or performance of the permittee or, if applicable, the private property owner or
any of each one’s agents, employees, licensees, contractors, subcontractors or
independent contractors. In the event the city becomes aware of any such actions or
claims the city shall promptly notify the permittee and the private property owner, if
applicable, and shall reasonably cooperate in the defense. It is expressly agreed that
the city shall have the right to approve, which approval shall not be unreasonably
withheld, the legal counsel providing the city’s defense, and the property owner and/or
permittee (as applicable) shall reimburse city for any costs and expenses directly and
necessarily incurred by the city in the course of the defense.
F. Adverse impacts on adjacent properties. Permittee shall undertake all reasonable
efforts to avoid undue adverse impacts to adjacent properties and/or uses that may
arise from the construction, operation, maintenance, modification and removal of the
facility. Any natural screening afforded by site conditions, including, but not limited to,
the presence of trees, landscaping, topographical features, or structures on the site that
shield the facility from view, shall be considered stealthing elements.
G. General maintenance. The site and the facility, including but not limited to all
landscaping, fencing and related transmission equipment, must be maintained in a neat
and clean manner and in accordance with all approved plans and conditions of
approval.
H. Graffiti removal. All graffiti on facilities must be removed at the sole expense of the
permittee within 48 hours after notification from the city.
I. RF emissions exposure compliance. All facilities must comply with all standards and
regulations of the FCC and any other state or federal government agency with the
authority to regulate RF exposure standards. After transmitter and antenna system
optimization, but prior to unattended operations of the wireless telecommunications
facility, permittee or its representative must provide the city documentation
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demonstrating compliance with all applicable RF emissions exposure standards as
certified by a licensed engineer.
J. Build-out period. This permit shall lapse one year after its date of approval unless one
of the following has occurred:
1. The facility is constructed or modified as approved and in operation; or
2. The build-out period is extended by the city authority which originally approved
the permit; or
3. A building permit has been issued, substantial money has been expended, and
construction diligently pursued. Permittees seeking an extension of the one-year
build-out period under this subsection (J)(3) shall provide adequate supporting
documentation to the Community Development Director demonstrating of its
efforts to date, which may include but is not limited to plans submitted for plan
review, executed contracts with contractors or subcontractors for the installation
or modification of the facility or other documentation.
K. Lapse. The permit shall automatically lapse if, after the commencement of operation
of the facility, there is a discontinuance of the exercise of the entitlement granted by the
permit for six consecutive months or more.
L. Testing. Testing of back-up generators and other noise producing equipment shall
take place on weekdays only, and only between the hours of 8:30 a.m. and 4:30 p.m.,
except that testing is prohibited on holidays that fall on a weekday. In addition, testing is
prohibited on weekend days.
M. Utilities undergrounded. Unless the facility is on a utility pole, extensions of electrical
and telecommunications land lines to serve the wireless telecommunications facility
shall be underground.
N. Encroachment. Permittee must obtain an encroachment permit for any work, staging,
operations, or construction access in the public right-of-way or on city-owned public
property.
O. Other approvals. The permittee shall obtain all other applicable permits, approvals,
and agreements necessary to install and operate the facility in conformance with
federal, state, and local laws, rules, and regulations.
P. Modifications. No changes shall be made to the approved plans, except for like-for-
like modifications, replacements, alterations, and/or additions consist of upgrades or
exchanges of equipment that are substantially similar in appearance and the same or
less in size, dimensions, weight, and RF emissions to the then-existing and approved
equipment, without review and approval in accordance with this chapter.
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Q. Performance and maintenance. All wireless telecommunications facilities, including
but not limited to fences, cabinets, poles and landscapin g, shall be maintained in good
working condition over the life of the permit. This shall include keeping the structures
maintained to the visual standards established at the time of approval. The facility shall
remain free from trash, debris, litter, graff iti and other forms of vandalism. Any damage
shall be repaired as soon as practicable, and in no instance more than 10 calendar days
from the time of notification by the city or after discovery by the permittee.
R. Performance bond. Prior to issuance of a building or electrical permit, the permittee
shall file with the city, and shall maintain in good standing throughout the term of the
approval, a performance bond or other surety or another form of security for the removal
of the facility in the event that the use is abandoned or the permit expires, or is revoked,
or is otherwise terminated. The security shall be in the amount equal to 100% of the
cost of physically removing the wireless telecommunications facility and all related
facilities and equipment on the site, based on the higher of two contractors’ quotes for
removal that are provided by the permittee. The permittee shall reimburse the city for
staff time associated with the processing and tracking of the bond, based on the hourly
rate adopted by the City Council. Reimbursement shall be paid when the security is
posted and during each administrative review.
S. Conflicts with improvements. For all wireless telecommunications facilities located
within the public right-of-way, the permittee shall remove or relocate, at its expense and
without expense to the city, any or all of its wireless telecommunications facilities when
such removal or relocation is deemed necessary by the city by reason of any change of
grade, alignment or width of any public right-of-way, for installation of services, water
pipes, drains, storm drains, power or signal lines, traffic control devices, public right -of-
way improvements, or for any other construction, repair or improvement to the public
right-of-way.
T. City access. The city reserves the right of its employee, agents, and designated
representatives to inspect permitted facilities and property upon reasonable notice to
the permittee. In case of an emergency or risk of imminent harm to persons or property
within the vicinity of permitted facilities, the city reserves the right to enter upon the site
of such facilities and to support, disable, or remove those elements of the facilities
posing an immediate threat to public health and safety. The city shall make an effort to
contact the permittee, prior to disabling or removing wireless telecommunications facility
elements.
U. Encourage collocation. Where the wireless telecommunications facility site can
accommodate a collocation upon the same site, the owner and operator of the facility
shall allow another carrier to collocate its facilities and equipment thereon, provided the
parties can mutually agree upon reasonable terms and conditions.
V. Interference. To the extent allowed under applicable federal rules and regulations,
the operator of a wireless telecommunications facility shall correct interference
problems experienced by any person or entity with respect to equipment such as
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television, radio, computer, and telephone reception or transmission that are caused by
the facility. If a federal agency with jurisdiction over such matters finds that a facility is
operating in violation of federal standards, the permittee shall promptly provide the
Community Development Director with a copy of any notice of such violation issued by
any federal agency and shall notify the Community Development Director as applicable
once the facility comes back into compliance with applicable standards.
W. Discontinuance of use. The facility shall be removed by permittee within 90 calendar
days of the discontinuation of the use or of permit expiration, whichever is earlier, and
the site shall be restored to its previous condition. For facilities located on city property,
this requirement shall be included in the terms of the lease. For facilities loca ted on
other sites, the property owner is responsible for removal of the facility within 90
calendar days of the discontinuation of the use or of permit expiration, whichever is
earlier. The permittee shall provide the Community Development Department with a
notice of intent to vacate the site a minimum of 30 calendar days before vacation.
X. Conditions of Approval for Eligible Facilities Requests. In addition to the foregoing
Standard Conditions of Approval, any eligible facilities request approved pursuant to this
chapter shall be subject to the following standard conditions unless modified by the
Community Development Director:
1. No permit term extension. The city’s grant or grant by operation of law of a
permit for an eligible facilities request constitutes a federally mandated
modification to the underlying permit or approval for the subject tower or base
station. The city’s grant or grant by operation of law of a permit for an eligible
facilities request will not extend the permit term for any permit or other underlying
regulatory approval and its term shall be coterminous with the underlying permit
or other regulatory approval for the subject tower or base station.
2. No waiver of standing. The city’s grant or grant by operation of law of an eligible
facilities request does not waive, and shall not be construed to waive, any
standing by the City to challenge any federal statute or regulation concerning
eligible facilities request or any eligible facilities request .
3. Permit subject to conditions of underlying permit. Permits for eligible facilities
requests shall be subject to the terms and conditions of the underlying permit for
the existing tower or base station.
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16.70.100 Peer review.
The Community Development Director and/or the hearing body considering the relevant
permit application pursuant to this chapter may require the application, proposed
findings, and conditions to be reviewed by an independent third -party peer review
consultant of the City’s choosing. The cost of the third-party peer review shall be the
responsibility of the applicant.
16.70.110 Denial without prejudice due to failure to respond to notice(s) of
incompleteness.
To promote efficient review and timely decisions, any application governed un der this
chapter regardless of type may be denied without prejudice by the Community
Development Director when the applicant fails to tender a substantive response to the
city within 120 calendar days after the Community Development Director deems the
application incomplete in a written notice to the applicant. The Community Development
Director, in his or her discretion, may grant a written extension for up to an additional 30
calendar days when the applicant submits a written request prior to the one hund red
twentieth day that shows good cause to grant the extension. Good cause for an
extension shall include, without limitation, delays due to circumstances outside the
applicant’s reasonable control.
16.70.120 Nonconforming facilities.
Nothing in this chapter shall validate any illegal or unpermitted wireless facilities
installed prior to the effective date of this chapter. Any wireless telecommunications
facility existing before the effective date of this chapter which is nonconforming to the
provisions of this chapter may continue to be used. Such a facility may be operated,
repaired and maintained but shall not be enlarged, expanded, relocated or modified to
increase the discrepancy between the existing conditions and the requirements of this
chapter, unless otherwise permitted by federal law.
16.70.130 Revocation.
A. Permittees shall fully comply with all conditions related to any permit or approval
granted under this chapter or any predecessors to this chapter. Failure to comply wit h
any condition of approval or maintenance of the facility in a matter that creates a public
nuisance or otherwise causes jeopardy to the public health, welfare or safety shall
constitute grounds for revocation. If such a violation is not remedied within a reasonable
period, as determined by the City in its sole discretion, following written notice and an
opportunity to cure, the City may schedule a public hearing before the Planning
Commission to consider revocation of the permit. The Planning Commission revocation
action may be appealed to the City Council pursuant Section 16.12.150.
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1. If the permit is revoked pursuant to this section, the permittee shall remove its
facility at its own expense and shall repair and restore the site to the condition
that existed prior to the facility’s installation or as required by the City within 90
days of revocation in accordance with applicable health and safety requirements.
The permittee shall be responsible for obtaining all necessary permits for the
facility’s removal and site restoration.
2. At any time after 90 days following permit revocation, the City may require the
facility to be removed and restoration of the premises as the City deems
appropriate. The City may, but shall not be required to, store the removed facili ty
(or any part thereof). The facility permittee shall be liable for the entire cost of
such removal, repair, restoration, and storage. The City may, in lieu of storing the
removed facility, convert it to the City’s use, sell it, or dispose of it in any ma nner
deemed appropriate by the City.
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