A.

The purpose and intent of this Chapter is to provide a uniform and comprehensive set of standards for the development and installation of antenna and personal wireless service facilities and related facilities. These standards cover the siting, designing and permitting of facilities. The regulations contained herein are designed to protect and promote public health, safety, community welfare and the aesthetic quality of Monte Sereno as set forth within the goals, objectives and policies of the Monte Sereno General Plan; while at the same time not unduly restricting the development of needed personal wireless service facilities and amateur radio installations. The intent of this Chapter is also to provide a public forum to ensure a balance between public and private interests in establishing personal wireless service and related facilities. The goals of this ordinance are to:

1.

Protect the visual character of the City from the potential adverse effects of personal wireless service facility development and antenna installation, consistent with provisions of State and federal regulations;

2.

Encourage users of antenna and personal wireless service facilities to locate them, to the maximum extent possible, in areas where the adverse impacts on the community are minimal;

3.

Configure personal wireless service facilities, which include equipment cabinets or shelter, in a way that minimizes the adverse visual impact of the facilities;

4.

Enhance the ability of the provider of personal wireless services to provide such services to the community quickly, effectively and efficiently; and

5.

Establish standards and procedures consistent with applicable State and federal regulatory requirements for the review and permitting of wireless telecommunication facilities.

(Ord. No. NS-244, § 1, 5-6-2025)

A.

This ordinance shall apply to all antenna and types of personal wireless service facilities, including new facilities and modification to existing facilities, within the City, consistent with the development standards and planning permit requirements established under this section.

B.

Antenna and personal wireless service facilities that are constructed or installed in accordance with the provisions of this ordinance shall not be deemed to constitute the expansion of a nonconforming use or structure.

(Ord. No. NS-244, § 1, 5-6-2025)

A.

As used in this ordinance, the following terms shall have the following meanings:

1.

"Antenna" is any system of poles, panels, rods, dishes, discs or similar devices used for the transmission or reception of radio frequency signals, and consistent with the terms under Title 47 of the Code of Federal Regulations Section 1.6002.

a.

"Omni-directional antenna" transmits and/or receives radio frequency signals in a three hundred sixty (360) degree radial pattern.

b.

"Directional antenna" (also known as "panel" antenna) transmits and/or receives radio frequency signals in a directional pattern of less than three hundred sixty (360) degrees.

c.

"Parabolic antenna" (also known as a satellite dish antenna) is a bowl shaped device for the reception and/or transmission of radio frequency communications signals in a specific directional pattern.

2.

"Antenna Equipment" shall have the same meaning as the term under Title 47 of the Code of Federal Regulations Section 1.6002.

3.

"Antenna Facility" is an antenna facility consisting of single or multiple posts or masts that are ground or building mounted, up to a height of seventeen (17) feet supporting one (1) or more antennas, dishes, arrays, etc., excluding TV or radio antennas and ham radio antennas (antennas owned and operated by a federally-licensed amateur radio station operator), as consistent with the terms defined under Title 47 of the Code of Federal Regulations Section 1.6002.

4.

"Base Station" is a structure or equipment at a fixed location that enables Commission-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in this subpart or any equipment associated with a tower as consistent with the term defined under Title 47 of the Code of Federal Regulations Section 1.6100(b)(1).

5.

"Co-Location", or "Collocation", consistent with State and federal law, including Title 47 of the Code of Federal Regulations Section 1.6002, encompasses:

a.

Mounting or installing an antenna facility on a pre-existing structure; and/or

b.

Modifying a structure for the purpose of mounting or installing an antenna facility on that structure;

c.

The definition of "collocation" in § 1.6100(b)(2) is the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes, as defined under Title 47 of the Code of Federal Regulations applies to the term as used in that section.

6.

"Compliance Verification Statement" means a sworn statement entitled "Compliance Verification" signed by the Applicant or by the Applicant's authorized agent or representative, stating that the applicant holds all applicable licenses or other approvals required by the Federal Communications Commission (FCC), the California Public Utilities Commission (PUC), and any other agency of the federal or state government with authority to regulate telecommunications facilities that are required in order for the applicant to construct the proposed facility. This requirement includes compliance with all conditions imposed in conjunction with such federal and state licenses or approvals, a description of the number, type, power rating, frequency range, and dimensions of the proposed Antennas, Antenna Equipment including Equipment Cabinets, and related Facilities, and engineering calculations demonstrating that the proposed Facility will comply with all applicable FCC and CPUC requirements and standards.

7.

"Concealment elements" means elements of a stealth-designed facility intended to make the facility look like something other than a wireless tower or base station.

8.

"Defeat concealment" means a modification that causes a reasonable person to view the structure's intended stealth design as no longer effective after the modification. Conversely, a modification does not defeat concealment if stealth design features would continue to effectively make the structure not appear to be a wireless facility or as defined under Title 47 of the Code of Federal Regulations Section 1.6100(b)(7)(v).

9.

"Equipment Shelter or Cabinet" means a cabinet or building used to house equipment used by personal wireless service providers to house equipment at a facility.

10.

"Height" shall mean, when referring to antenna facilities, the distance measured from ground level to the highest point on the antenna facility even if said highest point is an antenna.

11.

"Related equipment" means all equipment ancillary to the transmission and reception of voice and data radio frequencies. Such equipment may include, but is not limited to, cable conduit and connectors.

12.

"Micro Wireless Facility" means a small personal wireless facility that is no larger than twenty-four (24) inches long, fifteen (15) inches wide, twelve (12) inches high, and which has an exterior antenna, if any, no longer than eleven (11) inches.

13.

"Operations and Maintenance Agreement", or "Master License Agreement", means an agreement establishing the terms of use and responsibilities between the Applicant and the City of Monte Sereno for projects involving existing or proposed facilities that are or will be owned or managed, in whole or in part, by the City of Monte Sereno. Such agreement may involve, but is not limited to, the initiation, use, operation, maintenance, fees, and basis for termination of the wireless facility.

14.

"Personal Wireless Service Facility" is an unstaffed facility, generally consisting of transmitters, antenna structures and other types of installations which receive and/or transmit radio frequency signals for the provision of personal wireless services, or commercial mobile services, including ancillary equipment cabinet or structure, and related equipment. Common examples of commercial mobile services are personal communications services (PCS), cellular radiotelephone service and paging. Residential home satellite services are not considered "personal wireless service."

15.

"Small Wireless Facility" means facilities that meet each of the following conditions:

a.

With regard to facilities: (a) are mounted on structures fifty (50) feet or less in height including their antennas as defined in subsection (A) of this Section; or (b) are mounted on structures no more than ten percent (10%) taller than other adjacent structures; or (c) do not extend existing structures on which they are located to a height of more than fifty (50) feet or by more than ten percent (10%), whichever is greater;

b.

Each antenna involved in the deployment, with exception of the associated antenna equipment, is no more than three (3) cubic feet in volume;

c.

All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than twenty-eight (28) cubic feet in volume;

d.

The facilities are not located on Tribal lands; and

e.

The facilities do not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified under Title 47 Code of Federal Regulations Section 1.1307(b).

16.

"Substantial Change" means a modification that changes the physical dimensions of an eligible support structure as defined in Title 47 of the United States Code Section 1.6100(b)(7).

17.

"Tolling Period" shall mean the number of days from the day after the date when the siting authority notifies the applicant in writing that the application is materially incomplete and clearly and specifically identifies the missing documents or information that the applicant must submit to render the application complete and the specific rule or regulation creating this obligation; until the date when the applicant submits all the documents and information identified by the siting authority to render the application complete or as defined under Title 47 of the Code of Federal Regulations Section 1.6003.

18.

"Tolling Agreement" means a written agreement between the City and an applicant to establish an alternative timeframe for application review that varies from the standard tolling period.

19.

"Tower" shall mean any structure built for the sole or primary purpose of supporting any Commission-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site or as otherwise defined under Title 47 of the Code of Federal Regulations Section 1.6100(b)(9).

20.

"Universal Service" is the public policy goal that Congress first mandated in the 1935 Communications Act to make telephone service widely available at affordable prices. As the FCC implements the Telecommunications Act of 1996, its definition will continue to evolve to include public access to the information superhighway from every school, hospital, government office, library, post office and households.

(Ord. No. NS-244, § 1, 5-6-2025)

A.

The following requirements shall apply to the development of new antennas, satellite dishes and personal wireless facilities, except as otherwise provided by this Chapter or by State and federal regulations:

1.

Any applicable General Plan Goals, Objectives, Program and Policies, Specific Plan, Zoning District standards, Design Guidelines, and the permit requirements of any agencies that have jurisdiction over the project;

2.

All the requirements established by the other chapters of the Monte Sereno Municipal Code that are not in conflict with the requirements contained in this Chapter;

3.

All applicable Building Code requirements and engineering standards;

4.

Any applicable easements or similar restrictions on the subject property, including adopted Zoning District standards;

5.

All antenna and personal wireless service facilities must not be located within any required yard setback area of the zoning district in which it is located with the exception of possible encroachment of the antenna array into airspace of said setback;

6.

All antenna and personal wireless service facilities shall avoid any unreasonable interference with views from neighboring properties;

7.

All setbacks shall be measured from base of the antenna or personal wireless facility closest to the applicable property line or structure;

8.

Where feasible, personal wireless service facilities shall be encouraged to be located on City-owned property, or controlled property, or right-of-way, or other public facilities, such as water tanks and other utility structures;

9.

All antenna and personal wireless facilities must meet or exceed current standards and regulations of the Federal Communications Commission (FCC), the California Public Utilities Commission, and any other agency of the federal or state government with the authority to regulate antenna and personal wireless service facilities. If such standards and regulations are changed, then the owners of the personal wireless service facilities governed by this ordinance shall bring such facilities into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal or state agency. Failure to bring personal wireless Service facilities into compliance with such revised standards and regulations shall constitute ground for the removal of such facilities at the owner's expense;

10.

All personal wireless service facilities shall maintain in place a security program when determined necessary by and subject to the review and approval of the Police Chief that will prevent unauthorized access and vandalism;

11.

Satellite dish and parabolic antennas shall be situated as close to the ground as possible to reduce visual impact without compromising their function;

12.

Sufficient anti-climbing measures shall be incorporated into all personal wireless service facilities, as needed, to reduce potential for trespass and injury;

13.

All equipment shelters or cabinets must be concealed from public view or made compatible with the architecture of surrounding structures or placed underground, and regularly maintained;

14.

All personal wireless service facilities shall be constructed and operated in such a manner as to minimize the amount of noise impacts to the residents of nearby homes. Back-up generators shall only be operated during power outages and for testing and maintenance purposes. If the facility is located within one hundred (100) feet of a residential dwelling unit, noise attenuation measures shall be included to reduce noise levels;

15.

Personal wireless service facilities shall not be located in front of main structures, and/or along major street frontages where they will be readily visible and unsightly; and

16.

No portion of an antenna array shall extend beyond the property lines or into the area in front of the primary building on the parcel, so as to create a negative visual impact.

(Ord. No. NS-244, § 1, 5-6-2025)

A.

No party shall deploy antennas and personal wireless facilities within the City of Monte Sereno without first obtaining all required approvals and permits from the City, consistent with the requirements established under this Chapter and all applicable State and federal provisions.

1.

Permit Required. All antennas and wireless facilities are required to obtain zoning clearance and Planning permits established under this Chapter, unless otherwise required by State and federal regulations or exempt below.

a.

Project shall obtain any additional permits from the City of Monte Sereno as required to implement the proposed work (e.g., building permits, encroachment permits, etc.).

b.

Application review shall be conducted consistent with State and federal regulations.

2.

Exemptions. The following uses listed are deemed to be permitted uses and shall not require planning permits unless the applicant seeks a modification of the basic development standards, design criteria and conditional use permit criteria set forth in the applicable Zoning District where the structure is placed and unless located on an historic site. The following permitted uses shall comply with the general requirements of the Section 10.09.040 and building permit requirements as applicable.

a.

Antennas that are totally concealed.

b.

One (1) TV or radio antenna not exceeding twenty-five (25) feet for the sole use of tenant occupying residential parcel.

c.

One (1) satellite dish antenna not exceeding four (4) feet in diameter for sole use of tenant occupying residential parcel.

d.

One (1) ham radio antenna not exceeding thirty-five (35) feet per residential parcel.

3.

Personal Wireless Facilities.

a.

New personal wireless facilities require a Conditional Use Permit, except as otherwise provided under this Chapter or by State and federal regulations.

b.

Personal wireless service facilities located on sites with historical significance as recognized by the City shall require Conditional Use Permit, except as otherwise provided under this Chapter or by State and federal regulations.

c.

New personal wireless service facilities placed on utility poles, public right-of-way light poles, reservoirs, and other public infrastructure which, in the opinion of the City Manager, are unobtrusive or undetectable by way of design and/or placement on the public facility structure, regardless of number require the issuance of an encroachment permit under the Monte Sereno Municipal Code.

d.

Any multifamily residential building forty (40) feet or greater in height that would have new antenna facilities located on the building requires a Conditional Use Permit, except as otherwise provided under this Chapter or by State and federal regulations.

4.

Small Cell Wireless.

a.

New small cell wireless facility deployment involving installation of small cell wireless antennas and equipment on a new or existing structure requires City Planner administrative review and approval.

b.

Installation on a City-owned utility pole or facility also requires an operation and maintenance agreement/master license agreement with the City of Monte Sereno, approved by the City Manager.

c.

Application review shall be conducted consistent with State and federal requirements, including tolling periods.

5.

Modification of Previous Approved Facility.

a.

With the exception of projects that meet the eligibility and criteria under Section 6409(a), the following types of projects require City Planner administrative review and approval:

i.

Replacement of pre-existing personal wireless service facilities, installed under a prior approval under this Chapter, which is being proposed for replacement by equipment of identical or smaller size, at the discretion of the City Manager.

ii.

Personal wireless service facilities placed on utility poles, public right-of-way light poles, reservoirs, and other public infrastructure which, in the opinion of the City Manager, are unobtrusive or undetectable by way of design and/or placement on the public facility structure, regardless of number.

b.

Replacement or modifications eligible for streamlined review under 6409(a):

i.

Eligible projects under Section 6409(a) of the Middle Class Tax Relief Act of 2012 (Section 6409(a)) require ministerial plan check review through the building permit application review process. Projects include requests to collocate, replace or remove transmission equipment at an existing tower or base station submitted pursuant to Section 6409(a).

6.

TV or Radio Antenna.

a.

One (1) antenna if not exceeding twenty-five (25) feet for the sole use of tenant occupying residential parcel is exempt from a Planning permit.

b.

One (1) antenna if exceeding twenty-five (25) feet, but less than fifty (50) feet for residential tenant use only requires City Planner administrative review and approval.

c.

Any other TV or Radio Antennas require a Conditional Use Permit.

7.

Satellite Dish Antenna.

a.

One (1) satellite dish antenna if not exceeding four (4) feet in diameter for sole use of tenant occupying residential parcel is exempt from a Planning permit.

b.

One (1) satellite dish antenna if greater than four (4) feet in diameter, but less than eight (8) feet in diameter for residential tenant use only requires City Planner administrative review and approval.

c.

Two (2) to three (3) satellite dish antenna if four (4) feet or less in diameter for residential tenant use only requires City Planner administrative review and approval.

d.

Any other satellite dish antennas require a Conditional Use Permit.

8.

Ham Radio Antenna.

a.

One (1) ham radio antenna if not exceeding thirty-five (35) feet per residential parcel is exempt from a Planning permit.

b.

One (1) ham radio antenna if exceeding thirty-five (35) feet, but less than seventy (70) feet requires a City Planner administrative review and approval.

c.

One (1) ham radio antenna if exceeding seventy (70) feet requires a Conditional Use Permit.

d.

More than one (1) ham radio antenna if exceeding thirty-five (35) feet but less than seventy (70) feet requires a Conditional Use Permit.

(Ord. No. NS-244, § 1, 5-6-2025)

A.

Ground or platform-mounted satellite dish antennas in any residential zoning district shall be screened from public view from streets and adjacent properties by at least a six (6) foot high solid wall or fence, or by plants or trees of equal minimum height.

B.

Ground or platform-mounted satellite dish antennas in any residential zoning district that are higher than six (6) feet shall be located one (1) foot back from the setback line for each foot of height above six (6) feet.

(Ord. No. NS-244, § 1, 5-6-2025)

A.

Personal wireless service facilities shall be located, designed and screened to blend with the existing natural or built surroundings and existing supporting structures.

B.

Attached antenna facilities (antenna facility affixed to an existing structure that is not considered a component of the attached antenna facility) should be painted and/or textured to match the existing support structure.

C.

Personal wireless service support facilities (i.e., vaults, equipment rooms, utilities, and equipment enclosures) shall be constructed out of non-reflective materials (visible exterior surfaces only) and shall be screened from view by using landscaping, or materials and colors consistent with surrounding backdrop, or placed underground to the greatest extent possible.

D.

Personal wireless service support facilities shall be no taller than one (1) story fifteen (15) feet in height and shall be treated to look like a building or facility typically found in the area.

E.

Personal wireless service support facilities in areas of high visibility shall, where possible, be sited below the ridgeline or designed (i.e., placed underground, depressed, or located behind earth berms) to minimize their profile.

F.

All buildings, poles, towers, antenna supports, antennas, and other components of each personal wireless service facility site shall be initially painted and thereafter repainted as necessary with a "flat" paint. The color selected shall be one that in the determination of the City Planner or Site and Architectural Commission, as appropriate, will minimize their visibility to the greatest extent feasible. To this end, improvements which will be primarily viewed against soils, trees or grasslands shall be painted colors matching these landscapes while elements which rise above the horizon shall be painted a blue gray that matches the typical sky color at that location.

G.

The City shall have the authority to require special design of the personal wireless service facilities where findings of particular Sensitivity are made (e.g., proximity to historic or aesthetically significant structures, views and/or community features).

H.

Poles, towers and antenna supports shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the Site and Architectural Commission may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.

I.

Building-mounted antennas and any ancillary equipment should be in scale and architecturally integrated with the building design in such a manner as to be visually unobtrusive.

J.

Antennas that are attached to roofs shall maintain a 1:1 ratio for equipment setback (example: ten (10) feet high antenna requires ten (10) feet setback from facade) unless an alternative placement would reduce visual impact and placing roof mounted antennas in direct line with significant view corridors shall be avoided.

K.

Ground-mounted antenna facilities shall not exceed seventeen (17) feet to the top of the antennas.

(Ord. No. NS-244, § 1, 5-6-2025)

A.

All personal wireless service facilities shall be substantially screened from the view of surrounding properties so as not to create substantial visual or noise impacts.

1.

Factors Considered in Granting a Conditional Use Permits. The following factors shall be considered when determining whether to issue a conditional use permit, although the City Council may waive or reduce the burden on the applicant of one (1) or more of these criteria if the City Council concludes that the goals of this ordinance are better served thereby.

a.

Nature of uses on adjacent and nearby properties;

b.

Surrounding topography;

c.

Surrounding tree coverage and foliage; and

d.

Proposed ingress and egress.

2.

Availability of Suitable Existing Personal Wireless Service Facilities. No new personal wireless service facility shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the City Council that no existing antenna facility can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing antenna facility can accommodate the applicant's proposed antenna may consist of any of the following:

a.

No existing antenna facilities located within the geographic area required to meet the applicant's engineering requirements.

b.

Existing antenna facilities are not of sufficient height to meet applicant's engineering requirements.

c.

Existing antenna facilities do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

d.

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing antenna facilities or the antenna on the existing facilities would cause interference with the applicant's proposed antenna.

e.

The fees, costs, or contractual provisions required by the owner in order to share an existing antenna facility or to adapt an existing facility for sharing are unreasonable. Costs exceeding new facility development are presumed to be unreasonable.

f.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

3.

Security Fencing. Personal wireless service facilities that support one (1) or more antennas shall be enclosed with security fencing not less than six (6) feet in height and shall be equipped with an appropriate anti-climbing device; provided, however, that the City Council may waive such requirements, as it deems appropriate.

4.

Landscaping. The following requirements shall govern the landscaping surrounding personal wireless service facilities that support one (1) or more antennas for which a conditional use permit is required; provided, however, that the City Council may waive such requirements if the goals of this ordinance would be better served thereby.

a.

In locations where the visual impact of the personal wireless service facility would be minimal, the landscaping requirement may be reduced or waived altogether.

b.

Personal wireless service facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the personal wireless service facility compound from adjacent residential property.

c.

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible.

(Ord. No. NS-244, § 1, 5-6-2025)

A.

State or Federal Requirements. Small cell wireless facilities, including ancillary equipment, must meet or exceed current standards and regulations of the Federal Communications Commission (FCC), the Federal Aviation Administration (FAA), all applicable federal, state, and local health and safety regulations, including the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and all other agencies of the state or federal government with the regulatory authority over small cell wireless facilities. If, at any time, the state or federal standards are modified, then applicant shall bring any and all permitted facilities into compliance with current standards and regulations within three (3) months of the effective date of such modified standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring permitted facilities into compliance with such revised standards and regulations shall constitute grounds for the revocation of City permit and require removal of the small cell facility at the service provider's expense.

B.

Building Codes and Safety Standards. The applicant shall ensure the structural integrity of its small cell wireless facilities installed within the City, and shall ensure that the facilities are maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for small cell wireless facilities that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the City determines that a facility fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the applicant of the facility, the applicant shall have fifteen (15) days to bring such facility into compliance with such standards. Failure to bring such tower into compliance within the required time shall constitute grounds for the revocation of City permit and required removal of the small cell facility at the owner's expense.

C.

Radio Frequency Emissions Standards. Applicants shall provide evidence that the projected radio frequency emissions from any and all permitted small cell wireless facilities comply with FCC Standards, including any cumulative standards.

D.

Operation and Maintenance Standards. All small cell wireless facilities shall at all times comply with the following standards in addition to any other conditions required by permits issued pursuant to this Chapter.

1.

Except as provided in subsection D.2 below, an applicant shall not install signs, display logos, or run advertisement on, alongside, or in connection with a permitted facility.

2.

Every permitted facility shall contain signage listing the name and contact information for an emergency contact individual or service shall be erected for every permitted facility. The signage shall comply with design, material, color and location requirements as stated in the applicable permit. Contact information listed on the sign shall be kept current and promptly be provided to the City.

3.

Each permitted facility and any ancillary equipment shall be maintained in good working condition and appearance, free from trash, debris, litter and graffiti and other forms of vandalism. Any damage from any cause shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight. Graffiti shall be removed from any facility or equipment as soon as practicable, and in no instance more than forty-eight (48) hours from the time of receipt of City notice.

4.

Each facility shall be operated to minimize noise impacts to surrounding land uses in accordance with applicable requirements in the Monte Sereno Noise Ordinance.

a.

Except for emergency repairs, testing and maintenance activities that will be audible beyond the property line shall only occur between the hours of 8:00 a.m. and 6:00 p.m. on Monday through Friday, excluding holidays.

b.

All air conditioning units and any other equipment that may emit noise that would be audible from beyond the right-of-way shall be enclosed or equipped with noise attenuation devices to the extent necessary to ensure compliance with applicable noise limitations in the Noise Ordinance.

5.

Each facility shall install the following security measures:

a.

An on-site emergency "kill switch" to de-energize all radio frequency circuits and components of each permitted facility in order to protect emergency response personnel. For co-locating facilities, a single "kill switch" shall be installed that will de-energize all facilities located on the same pole at the facility in the event of an emergency.

b.

Necessary safety measures to prevent unauthorized access, vandalism, and other safety concerns. Installations must comply with design standards and nuisance regulations, and must not interfere with City emergency services or transmission.

6.

Each facility shall be relocated at applicant's sole cost, upon demand by City with reasonable notice, to allow for public projects, services or improvements.

7.

The applicant shall, at its sole cost, be responsible for repairing to City standard specifications or replacing in-kind any City facilities or improvements disturbed or damaged during the installation, maintenance, operation, repair or removal of applicant's small cell wireless facilities, ancillary equipment, and any support infrastructure. City facilities or improvements covered by this subsection includes, but are not limited to the following:

a.

Curb, gutter, sidewalk, storm drains, and pavements; and

b.

Landscaping; and

c.

Structures, buildings, light poles and fixtures.

E.

Electrical Metering and Structural Standards. All small cell wireless facilities shall comply with the following requirements:

1.

All electrical power required by small cell wireless facility installations shall be metered independently from any anticipated or existing City projects or facilities.

2.

All existing City-owned street light poles proposed for small cell wireless facility installations shall be inspected prior to installation in accordance with the most recent City structural standards for street light poles, including but not limited to safety and load bearing capability for the small cell wireless facility to be installed, as approved by the City Engineer.

a.

Applicants requesting to install a small cell wireless facility on City-owned street light poles shall provide documentation demonstrating that the pole proposed for installation meets or exceeds such City standards.

b.

If the City-owned street light pole proposed for a small cell wireless facility installation does not meet or exceed structural standards, no small cell wireless facility may be installed thereon. Alternatively, the applicant may at its own cost replace the existing street light pole at the proposed installation location with a pole that meets or exceeds the City's structural standards including safety and load bearing capability or capacity, and complies with all other applicable legal requirements. Any existing lighting fixture shall be reinstalled on the new pole at applicant's cost. Applicant shall be responsible to coordinate electrification of the new installation with the utility provider, including independent metering of electrical power required for applicant's installations. Upon installation, the new pole shall become the property of the City.

F.

Applicants intending to use City-owned facilities shall be required to enter into an operations and maintenance agreement/ master license agreement with the City for the facility.

G.

Design Standards.

1.

General Standards. Small cell wireless facilities and any ancillary equipment shall comply with the following permit requirements of this section, and shall be located and designed and whenever possible screened to blend with the existing natural or built surroundings, as is required for similar construction projects within the City. Small cell wireless facilities shall utilize the smallest footprint possible and shall be designed to minimize the overall height, mass, and size. Improvements that will be primarily viewed against soils, trees, vegetation, or grasslands shall be painted colors matching these landscapes while elements that are not against these elements and rise above the horizon shall be painted to match the predominant color of the utility pole to which it is attached or a blue gray that matches the typical sky color at that location to the satisfaction of the City Planner.

2.

Ancillary Equipment. To comply with important local aesthetics and expressive concerns, ancillary equipment and any support facilities for small cell wireless facilities located in the public right-of-way shall be installed in accordance with the following preferences, ordered from most preferred to least preferred: (i) underground in any area in which the existing utilities are primarily located underground; (ii) on the pole or support structure; or (iii) integrated into the base of the pole or support structure. Applications that involve lesser-preferred installation locations may be approved by demonstrating infeasibility to the satisfaction of the City Planner and City Engineer, or designee. In the event that undergrounding of ancillary equipment is not possible, all such equipment shall be painted to match the color of the structure where the equipment is attached, painted to match the environment in the immediate surroundings, covered by screening elements, or located within a stealth facility, and shall comply with all applicable laws, including but not limited to the American Disabilities Act.

3.

Pole Designs. All small cell wireless facility pole installations designed to be integrated with new light poles shall be sufficiently designed and engineered such that no additional supporting hardware is required beyond the pole itself. A small cell wireless facility that is affixed to an existing light pole shall be painted and/or textured to match that structure.

4.

Non-Reflective Materials. Small cell wireless facilities shall be constructed out of non-reflective materials (visible exterior surfaces only), or materials and colors consistent with surrounding backdrop. Anodized metal is an acceptable treatment.

5.

Design Preservation. Applicants are responsible for maintaining and preserving design and aesthetic features for each facility, ancillary equipment and any support infrastructure, including, but not limited to, color, tint, shade, treatment, painting, surface treatment, replacement landscaping, stealth design, and concealment.

6.

Security Fencing. Security fencing is permitted along the perimeter of a wireless facility, except for any barbed wire, razor wire or any other fencing that would be inherently dangerous, and where such fencing would not obstruct an accessible path of travel, would not conflict with other applicable standards and regulations, and would not create conditions resulting in hazard to public health and safety.

7.

Volume. Except as otherwise defined by federal regulations, each individual antenna for a small cell wireless facility may not exceed three (3) cubic feet in volume and all antennas may not exceed six (6) cubic feet in volume. All accessory equipment associated with a small wireless facility installed above ground level shall not cumulatively exceed: (i) nine (9) cubic feet in volume if installed in a residential district or within five hundred (500) feet from any structure approved for a residential use; or (ii) seventeen (17) cubic feet in volume if installed in a non-residential district. The volume calculation shall include any shroud, cabinet or other concealment device used in connection with the non-antenna accessory equipment. The volume calculation shall not include any equipment or other improvements placed underground.

(Ord. No. NS-244, § 1, 5-6-2025)

A.

Modification of a previously approved facility, except for projects eligible for streamlined review under Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012.

1.

Modifications shall adhere to the conditions of approval and minimize visual impact as much as possible. Modifications shall incorporate applicable general design review criteria and conditional use permit criteria under this Chapter to the extent feasible.

B.

Modifications eligible for streamlined review under Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012.

1.

Section 6409(a) Criteria. A project resulting in a substantial physical change is not eligible for use of Section 6409(a), consistent with provisions under federal regulations. A substantial change includes the following, or as established in federal regulations:

a.

Height.

i.

For towers other than towers in the public rights-of-way, the project increases the height of the tower by: i) more than ten percent (10%); or ii) the height of one (1) additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater;

ii.

For other eligible support structures, the project increases the height of the structure by: i) more than ten percent (10%); or ii) more than ten (10) feet, whichever is greater.

b.

Width.

i.

For towers other than towers in the public rights-of-way, the project involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower: i) more than twenty (20) feet; or ii) more than the width of the tower structure at the level of the appurtenance, whichever is greater;

ii.

For other eligible support structures, the project involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six (6) feet.

c.

Equipment Cabinets.

i.

For any eligible support structure, the project involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets; or

ii.

For towers in the public rights-of-way and base stations, the project 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 ten percent (10%) larger in height or overall volume than any other ground cabinets associated with the structure.

d.

Excavation/Deployment Beyond Site.

i.

The project entails "any excavation or deployment outside the current site" where site means:

A.

For 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

B.

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.

e.

Concealment Elements, modification is a substantial change if it would "defeat the concealment elements of" the wireless tower or base station.

f.

Other Conditions on the Wireless Tower or Base Station. A modification is also a substantial change if it does not comply with conditions—other than those conditions related to height, width, equipment cabinets, excavation/deployment, or concealment elements—associated with the siting approval of the construction or modification of the eligible support structure or base station equipment.

(Ord. No. NS-244, § 1, 5-6-2025)

A.

The following are the minimum criteria applicable to all antenna and personal wireless service facilities, except permitted facilities as defined in Section 10.09.050. In the event that a project is subject to discretionary and/or environmental review, mitigation measures or other conditions of approval may also be necessary. The City Manager may waive certain application submittal requirements if determined that said item is not necessary for evaluating the project for planning permit approval.

B.

The City Manager shall establish and maintain a list of information that must accompany every application for the installation of an antenna and personal wireless service facility. Said information shall include, but not be limited to, the following:

1.

Personal Wireless Facilities:

a.

Definition of the service area needed for coverage or capacity and service area maps and information showing that the proposed facility would provide the needed coverage or capacity.

b.

Alternative site analysis and map showing all alternate sites from which the needed coverage could also be provided, indicating the zoning for all such sites. The analysis shall address the potential for co-location at an existing or new site.

c.

Visual impact analysis; photo simulations/montages and/or visual impact demonstrations including mock-ups.

d.

Noise impact analysis.

e.

Plans and drawings for the proposed facility.

f.

Master plan for all related facilities currently in the City and planned in the future, including information about the location, height and design of each facility within the City limits of Monte Sereno and within one-quarter (¼) mile therefrom. The City may share such information with other applicants applying for administrative approvals and/or use permits under this ordinance or other providers/carriers seeking to locate antennas within the jurisdiction of the City, provided, however, that the City is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

g.

Facility design alternatives to the proposal.

h.

Deposits for peer review.

i.

CEQA compliance documentation.

j.

Radiofrequency/electromagnetic emission compliance report.

k.

Compliance verification statement.

l.

Description of any concealment elements, or stealth or camouflaging methods.

2.

Small Cell Wireless: Applicants submitting applications for more than two (2) locations will be required to batch their applications.

a.

Plans and drawings for each proposed facility.

b.

Listing of all small cell facilities included in the batch of applications.

c.

Map identifying the location of all wireless facilities within five hundred (500) feet of the proposed sites.

d.

For projects involving existing or proposed City facilities: operations and maintenance agreement/master license agreement, in a form approved by the City Attorney.

e.

For projects involving utility poles and facilities not owned by the City: authorization letter from the applicable owners/joint power authorities.

f.

Visual impact analysis: photo simulations/montages and/or other visual impact aids.

g.

Radiofrequency/electromagnetic emission compliance report.

h.

Compliance verification statement.

3.

Antennas (TV, Satellite, Ham Radio):

a.

Plans and drawing for the proposed facility.

b.

Visual impact analysis: photo simulations/montages and/or other visual impact aids.

4.

Replacement and Modification of Facilities:

a.

Plans and drawings for each proposed facility.

b.

Projects using Section 6409(a) shall identify how the project meets the criteria for Section 6409(a) eligible facilities.

c.

Radiofrequency/electromagnetic emission compliance report.

C.

The City Manager is explicitly authorized at his/her discretion to employ on behalf of the City an independent technical expert to review any technical materials submitted including, but not limited to, those required under this Section and in those cases where a technical demonstration of unavoidable need or unavailability of alternatives is required. The applicant shall pay all the costs of said review, including any administrative costs incurred by the City. Any proprietary information disclosed to the City or the expert hired shall remain confidential and shall not be disclosed to any third party.

(Ord. No. NS-244, § 1, 5-6-2025)

A.

All equipment associated with an antenna or personal wireless service facility shall be removed within ninety (90) days of the discontinuation of use and of receipt of notice from the City Manager notifying the owner of such discontinuation of use. Any personal wireless service facility that is not operated for a continuous period of twelve (12) months shall be considered abandoned and the owner of such personal wireless service facility shall remove same within ninety (90) days of receipt of notice from the City Manager notifying the owner of such abandonment. The site where a personal wireless service facility has been discontinued or abandoned shall be restored to its original preconstruction condition. If such personal wireless service facility is not removed within said ninety (90) days, the City Manager may remove such facility at the property owner's expense, and such expense may be placed as a lien on the property, if not paid. If there are two (2) or more users of a single facility, then this provision shall not become effective until all users cease using the facility.

(Ord. No. NS-244, § 1, 5-6-2025)

A.

All personal wireless service facilities shall be located so as to minimize their visibility and the number of distinct facilities present. No personal wireless service facility shall be installed at a location where special painting or lighting will be required by the FAA regulations unless technical evidence acceptable to the City Manager or City Council, as appropriate, is submitted showing that this is the only technically feasible location for this facility.

(Ord. No. NS-244, § 1, 5-6-2025)

A.

Public notices for antennas or personal wireless service facilities requiring conditional use permits shall be to all adjacent property owners within five hundred (500) feet when facilities exceed seventy (70) feet in height.

(Ord. No. NS-244, § 1, 5-6-2025)

A.

An applicant may request a waiver of a design or development standard if it may render a project technically infeasible or if compliance would result in inconsistency with state or federal law. Consideration of the request shall follow the procedures as follows:

1.

The Applicant shall bear the burden of a timely request for a waiver and submitting clear evidence demonstrating the need for the waiver.

2.

The review authority must grant the waiver if one (1) or more of the following findings can be made:

a.

Enforcement of the existing development or performance standard is impossible due to technical infeasibility, which has been reasonably demonstrated to the decision maker by the applicant, typically by information or explanation provided by a licensed Engineer.

b.

Enforcement of the existing development or performance standard would result in the effective prohibition of wireless telecommunication services.

c.

Enforcement of the existing development or performance standard would unreasonably discriminate among providers of functionally equivalent services.

d.

The reviewing authority in consultation with the City attorney determines that enforcement of the performance or development standard under the circumstances presented in the request would be inconsistent with State or Federal law or State or Federal regulations.

B.

Other Exceptions. To the requirements specified in this Chapter may be granted through issuance of a Use Permit by the City Council. Such a permit may only be approved if the City Council finds, after receipt of sufficient evidence, that failure to adhere to the standard under consideration in the specific instance will not increase the visibility of the facility or decrease public safety.

1.

Antenna facility setbacks may be reduced under any of the following circumstances:

a.

The facility is proposed to be co-located onto an existing legally established antenna facility; and

b.

Overall, the reduced setback enables further mitigation of adverse visual and other environmental impacts than would otherwise be possible.

(Ord. No. NS-244, § 1, 5-6-2025)