The purpose of this chapter is to establish standards, regulations and procedures to ensure that personal wireless communication facilities in Portola Valley are provided to the benefit of the community while limiting, to the maximum extent feasible, the potential for aesthetic and other impacts of such facilities on town residents. These provisions have been enacted to be consistent with the Telecommunications Act of 1996.

(Ord. 2019-426, § 1, 2019)

As used in this chapter and this title, certain terms are defined as set forth herein.

A.

Antenna. "Antenna" is any system of wires, panels, rods, reflecting discs or similar devices used for the transmission or reception of electromagnetic signals. Does not include any support structure upon which the antenna is mounted.

B.

Antenna Structure. "Antenna structure" is any structure including a pole, mast, or tower, whether freestanding or mounted on another structure, that supports an antenna or an array of antennas. The height of an antenna structure is measured to the highest point of any antenna mounted thereon, or the antenna structure supporting the antenna, whichever is higher.

C.

Camouflaged Facility. "Camouflaged facility" is a wireless communication facility located or designed so as to be of minimal visibility, such as being incorporated within an architectural feature, for example a steeple or parapet, or disguised as a tree or other natural feature.

D.

Certification. "Certification" is a certificate by an approved radio frequency expert that a facility will be designed, and at all times operated, in full compliance with current United States Government Federal Communication Commission (FCC) guidelines for human exposure to radio frequency emissions.

E.

Co-location. "Co-location" is the use of a wireless communications facility by more than one personal wireless service provider that does not involve any substantial increase in the existing antenna tower or pole or other associated structures.

F.

Distributed Antenna Systems (DAS). "Distributed antenna systems" is a wireless communication facility system, licensed by the FCC, that consists of small antennas mounted on utility poles or buildings, all connected with fiber optic cable, either buried or strung between the utility poles.

G.

Equipment Enclosure. "Equipment enclosure" is a structure or fenced enclosure designed to enclose equipment used in connection with a wireless communications facility.

H.

Personal Wireless Services. "Personal wireless services" means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services. The services include cellular services, personal communication services (PCS), specialized mobile radio services and paging services.

I.

Personal Wireless Service Provider (Provider). "Personal wireless service provider" is an entity licensed by the FCC to provide personal wireless services to individuals or institutions.

J.

Radio Frequency Emission Evaluation. "Radio frequency emission evaluation" is the calculation of radio-frequency emission levels utilizing FCC standards.

K.

Radio Frequency Emission. "Radio frequency emission or RF emission" is electromagnetic emissions from wireless communication facilities as regulated by the FCC.

L.

Radio Frequency Expert. "Radio frequency expert" is a person or firm specializing in radio frequency telecommunications technology, including wireless site design, retained by the town at the applicant's sole expense to perform work as provided for in this chapter or as may be requested by the town in consideration of any conditional use permit application for a wireless communication facility.

M.

Significant Gap. "Gap" is a geographic area of the town in which the existing radio frequency signal level for a particular wireless service provider is less than the minimum levels established by the FCC. To be "significant," the wireless service provider applying for a permit under the provisions of this chapter must demonstrate that specific factors are present, supported by substantial evidence, proving that the "gap" is not merely individual dead spots within a greater service area. All applications for permits under this chapter shall include a report defining the gap with specific supporting technical data addressing factors that make the gap significant. This report shall be subject to radio frequency expert review on behalf of the town and the any application shall not be deemed complete until such review has been completed.

N.

Small Wireless Facilities. "Small wireless facilities" are facilities as defined in 47 C.F.R Section 1.6002(l) that meet all of the following conditions:

(1)

The facilities:

(i)

Are mounted on structures fifty feet or less in height including their antennas; or

(ii)

Are mounted on structures no more than ten percent taller than other adjacent structures; or

(iii)

Do not extend existing structures on which they are located to a height of more than fifty feet or by more than ten percent, whichever is greater;

(2)

Each antenna associated with the deployment, excluding associated antenna equipment, 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 pre-existing associated equipment on the structure, is no more than twenty-eight cubic feet in volume;

(4)

The facilities do not require antenna structure registration under 47 C.F.R. Part 17;

(5)

The facilities are not located on tribal lands; and

(6)

The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 C.F.R. section 1.1307(b).

For purposes of this chapter, the planning and building director may elect to treat co-locations, modifications or replacements of wireless transmission equipment at an existing wireless tower or base station as described in Section 6409 of the Spectrum Act as small wireless facilities.

N.

Wireless Communication Facility. "Wireless communication facility" is any device or system for the transmitting and/or receiving of electromagnetic signals, including but not limited to radio waves and microwaves, for cellular technology, personal wireless services, mobile services, paging systems and related technologies. Facilities include antennas, microwave dishes, parabolic antennas and all other types of equipment used in the transmission and reception of such signals; structure for the support of such facilities, associated buildings and cabinets to house support equipment and other accessory improvements. Unless the context indicates otherwise, a wireless communication facility shall include small wireless facilities. A television or radio antenna, when accessory to a principal or conditional use, shall not be considered a wireless communication facility.

O.

Wireless Communication Tower (Tower). "Wireless communication tower" is any structure intended to support one or more antennas used to transmit and/or receive electromagnetic communications signals, including but not limited to poles and camouflaged facilities.

(Ord. 2019-426, § 1, 2019)

Wireless communication facilities that serve primarily the town and its spheres of influence are permitted in all zoning districts when a minor wireless permit or conditional use permit is granted pursuant to this chapter.

(Ord. 2019-426, § 1, 2019)

The following facilities shall be exempt from the conditional use permit requirements of this chapter:

A.

Video Receive-Only Antenna. A television antenna, whether ground or building mounted, for the sole use of occupants of the parcel on which such antenna is located, with a height that conforms to the limits of this title.

B.

Satellite Dish Antenna. A receive-only radio or satellite dish antenna, whether ground or building mounted, not exceeding one meter (39.37 inches) in diameter for the sole use of occupants of the parcel on which such antenna is located.

C.

Citizens Band or Amateur Radio Antenna. A ground or building mounted citizen band or federally licensed amateur radio operator antenna that conforms to the height limits of this title and any building code provisions relative to the antenna support system.

D.

Town Antennas. Receive and/or transmit station antennas and antenna supports owned and operated by the town of Portola Valley. The design and placement of such antennas shall, however, be subject to architectural review pursuant to the provisions of Chapter 18.64 of this title.

E.

Microcells, Picocells, WiFi, and Similar Systems for Individual Private Use. A facility that serves an individual home or business and is limited to an individual residence or business where service is intended to be provided within the boundary of the individual building or property.

F.

Small wireless facilities permitted under Section 18.41.050 of this chapter.

(Ord. 2019-426, § 1, 2019)

A. Minor Wireless Permit Required. A minor wireless permit shall be required for any small wireless facility. In addition, for small wireless facilities proposed in the right-of-way, a revocable encroachment permit and a building permit shall be required. For small wireless facilities proposed on private property, a building permit shall be required. An application shall not be deemed complete until applicant has complied with the filing requirements for all applicable permits.

B.

Minor Wireless Permit Findings. The director of planning and building shall approve or conditionally approve an application for a minor wireless permit submitted under this chapter when the director finds all of the following:

1.

The proposed small wireless facility complies with all applicable basic requirements, development standards and standard conditions of approval in Section 18.41.080 and all applicable administrative regulations adopted pursuant to [Section] 18.41.080(D); and

2.

The applicant has demonstrated that its proposed small wireless facility will be in compliance with all applicable FCC rules and regulations for human exposure to RF emissions.

3.

For any installations in the right-of-way or in a public utility easement, the applicant shall locate on an existing utility or communications pole. If the applicant proposes to install a new pole, and there is an existing pole within two hundred feet of the proposed new pole, the applicant shall provide a technical, health, safety or economic rationale for not locating on such existing pole.

(Ord. 2019-426, § 1, 2019)

A. Conditional Use Permit Required. A conditional use permit shall be required for any wireless communication facility that does not meet the exemption requirements set forth in Section 18.41.040. The application requirements, review and action procedures for the conditional use permit shall be as provided for in Chapter 18.72 of this title and subject to the additional requirements set forth herein.

B.

Additional Conditional Use Permit Findings. In granting a conditional use permit for a wireless communication facility, the planning commission shall make the following findings in addition to those set forth in Section 18.72.130 of this title:

1.

The placement, construction, or modification of the facility in the proposed location is necessary for the provision of wireless communication services to close a significant gap in coverage in the town.

2.

The proposed site location and facility design have the least potential for adverse impacts and are the least intrusive means to close the service gap when compared to other feasible locations and system designs.

3.

When a proposed wireless communication facility is not co-located with other existing or proposed facilities or a new freestanding pole or tower is proposed, at least one of the following findings shall be made:

a.

Co-location is not reasonably feasible;

b.

Co-location would have greater adverse effects on views, noise, or aesthetics as compared to stand-alone installation;

c.

Co-location would materially and unreasonably impair the quality of service to the existing or to the proposed facility.

(Ord. 2019-426, § 1, 2019)

A. Basic Application Requirements. The basic application submittal requirements and approval process for wireless communication facilities shall be as provided for in Chapter 18.72 of this title. In addition, the following shall pertain to applications for conditional use permits, minor wireless permits or permit amendments for wireless communication facilities.

B.

Application Guidelines. The town council authorizes the director of planning and building and the director of public works to establish other reasonable rules and regulations and update or amend permit application requirements, forms, checklists that the directors find necessary or useful for processing any application governed by this chapter. All such guidelines or applications issued under this authority shall be in writing and shall be made publicly available on the city's website.

C.

Pre-Submittal Conference. Before applying for a CUP or minor wireless permit for a wireless communications facility, the applicant shall schedule and attend a pre-submittal conference with the public works director and/or the planning and building director. The pre-submittal conference is intended to streamline the review process through informal discussion that includes, without limitation, any issues relative to the proposed or existing wireless communication facility, potential concealment issues, coordination with other city departments responsible for application review. The city shall use reasonable efforts to provide the applicant with an appointment within five working days after receiving a written request and any applicable fee or deposit to reimburse the town for its reasonable costs to provide the services rendered in the pre-submittal conference.

D.

Submittal Appointment. All applications under this chapter must be submitted to the city at a pre-scheduled appointment with the director. Applicants may generally submit one application per appointment but may batch applications for small wireless facilities. The director shall use reasonable efforts to provide the applicant with an appointment within five working days after the director receives a written request and, if applicable, confirms that the applicant complied with the pre-submittal conference requirement. Any application received without an appointment, whether delivered in-person, by mail or through any other means, will not be considered duly filed unless the applicant received a written exemption from the director at a pre-submittal conference.

E.

Application Duly Filed. An application shall not be deemed duly filed and no time period for reaching a decision regarding the application shall begin to run until the applicant has provided all of the project information and plans required by this title or by forms and checklists established by the planning department and all required application fees and deposits have been paid by the applicant. Further, any required study or report, performed at the request of the town by a radio frequency expert or other expert retained by the town, shall be provided prior to the application being deemed complete and all such studies or reports shall be at the expense of the applicant and funds shall be deposited in advance to cover the cost of any such study or report.

F.

Permit Life. If a conditional use permit is granted, the minimum permit life shall be ten years unless a shorter life is allowed for under controlling federal or state of California standards and regulations. In particular, use permits for wireless facilities in any utility undergrounding district established by the town shall be limited to an initial life of five years. In any case, the intent is to limit the initial life of the permit to the minimum so that if less intrusive technologies become available they can be considered and, where found appropriate through the use permit process implemented to minimize potential impacts on the community. Minor wireless permits shall have a permit life of one year, unless a longer time period is specified by applicable federal or state law, subject to an annual renewal by the director of building and planning.

G.

Additional Application Requirements for Wireless Communication Facilities. The following additional application information shall be required for all wireless communication facility proposals unless waived by the approving body based on data provided by the applicant or upon recommendation by the planning and building director:

1.

Identification of the proposed provider of the facility, if a different entity from the applicant, and the identification of and contact information for the person to whom communications from the town should be delivered. If the applicant and/or service provider has more than one facility in the town or has or is seeking multiple permits the applicant's contact person shall be someone who has full knowledge of all of the service providers' wireless communication facilities within the town.

2.

Statement signed by the applicant, service provider if different from the applicant, and property owner if different from the applicant. The statement shall confirm that the owner of the proposed facilities and the owner of the property upon which the facilities are to be located, if not the owner of the facilities, both acknowledge responsibility for maintenance and removal of the facilities according to the provisions of set forth herein or any specific conditions of a use permit granted by the town for the facilities.

3.

A map depicting coverage at maximum power and design capacity identifying any significant gaps in coverage. The map shall include all existing and proposed facilities of the service provider within the town and its spheres of influence that have relevance to service in the town and the significant gap analysis. The scale of the map shall be as determined by the planning and building director. This requirement shall not apply to small wireless facilities.

4.

Site plan for the location of the facility showing all existing and proposed features, in compliance with any checklist submittal requirements, and at a level of detail and scale as established by the planning and building director. At a minimum, the site plan shall include all material elements of the proposed facility including equipment, cabinets, cable, antenna, and antenna support layout, as well as camouflage elements (if provided); colors, setbacks, grading, dimensions, and utilities and utility connections. Any work or improvements necessary within the public right-of-way shall clearly be identified.

5.

Plans and elevations, drawn to scale, for the antennas, support structures, equipment enclosure, and/or towers, including plans and elevations of any existing buildings on the site that would be used for the facility.

6.

Description of proposed approach for screening all facilities from public view including plans for installation and maintenance of landscaping, and sample exterior materials and colors. Where applicable, a plan showing existing surrounding landscaping, proposed landscaping, a landscape protection plan for construction, a maintenance plan and irrigation plan.

7.

A narrative description of the service providers existing coverage area and of the proposed coverage area of the specific site that is the subject of the application. Technical information shall be included explaining the reasons that a permit is being sought, the reasons that the subject site is necessary to accomplish the provider's coverage objectives; and the reasons that the proposed site is the most appropriate location under existing circumstances. This narrative and technical data shall include a detailed analysis of the service gap that is to be filled and evaluation of the factors that the applicant finds make the gap significant. Factors to be evaluated shall include, but not be limited to:

(a)

The nature and character of the area to be served, including the number of potential users in the area;

(b)

If the facilities are needed to improve coverage and/or services in an existing service area or to fill a complete void in coverage;

(c)

Drive tests results demonstrating lack of coverage;

(d)

Lack of coverage on well-traveled road;

(e)

Impact of the gap in coverage on public safety.

This requirement shall not apply to small wireless facilities.

8.

Copies of all submittals and showings pertaining to: FCC licensing, a complete initial environmental study on forms provided by the town; FAA notice of construction or alteration; and all data, assumptions, and calculations relating to service coverage and power levels, regardless of whether categorical exemption from routine environmental evaluation under any FCC rule is claimed.

9.

A visual analysis to assess the effects on views and aesthetics from public areas and from private residences, and to address cumulative impacts of the proposed facility and other existing and foreseeable wireless communications facilities, including foreseeable co-location facilities. As required by the planning and building director, the analysis may utilize a photomontage, field mock-up or other techniques. The analysis shall include feasible mitigations for any effects identified. If a proposed tower or structure is visible from a public right-of-way, then the applicant shall submit either a photo simulation of the proposed tower or structure from one or more locations along the public right-of-way, the locations of which shall be indicated on a map of suitable scale.

10.

A report by an approved radio frequency expert estimating the cumulative radio frequency emissions and compliance with FCC OET Bulletin 65 that would result if the proposed facility is approved. The report shall include data on existing levels of radio frequency levels at the site prior to facility development and any additional locations requested by the planning and building director.

11.

An alternative site analysis, submitted by the applicant and subject to independent expert review by the town, that shall at a minimum:

(a)

Identify and indicate on a map viable and technically feasible alternative locations for the facility. Radio frequency plots of the alternative locations shall be provided as part of the alternatives analysis. For each alternative location so identified, the applicant shall describe the type of facility and design measures that could be used at that location so as to minimize negative visual, noise and aesthetic impacts.

(b)

Evaluate the potential for co-location with existing wireless communications facilities as an alternative to the proposed facility.

(c)

Compare, across the same set of evaluation criteria and to similar levels of description and detail, the relative merits of the proposed wireless communications facility site with those of each of the identified technically feasible alternative locations and facility designs, and all technically feasible inter-carrier roaming agreements. Such comparison analysis shall rank each of the alternatives (i.e., the proposed location/facility and each of the technically feasible location/design alternatives) in terms of impacts (i.e., from least to most impacts on visual, noise and aesthetic concerns), and shall support such ranking with appropriate analysis.

(d)

Include photo-simulations of each of the alternatives (i.e., the proposed location/facility and each of the technically feasible location/design alternatives).

This requirement shall not apply to small wireless facilities.

H.

Specific Submittal Requirements for Towers. All applications for new tower construction, or significant modification of an existing tower shall include:

1.

An analysis of alternative technologies to the tower system for providing service to fill the identified gap. The analysis shall demonstrate that the tower is the least intrusive means to fill the significant gap, within the FCC limitations placed on the service provider and that within the reasonably foreseeable future, alternative technologies will not be commercially available to fill the identified gap. This requirement shall not apply to small wireless facilities.

2.

A professional structural engineer's certification of the tower structure's capacity to safely sustain all projected loads as well as such structure's compliance with the Telecommunication Industry Association Structural Standard for Antenna Supporting Structures and Antennas and all federal, state and local laws, rules, and regulations. The analysis shall specifically address the tower's ability to withstand the maximum anticipated wind loads and the "maximum credible earthquake" for the site as determined by the town geologist.

3.

A description of available space on the tower, providing illustrations of the wireless communications facilities that will be mounted on the structure now or in the future as shown on the project plans.

I.

Technical Review. The planning and building director shall employ, on behalf of the town, an approved radio frequency expert to review the application submittal and provide determinations and recommendations on such issues as project design, radio frequency coverage, significant gap analysis, compliance with radio frequency emissions standards, the identification of alternative locations and technologies. The costs of said review and any administrative costs, to be determined by the planning and building director, shall be deposited with the town in advance by the applicant. Any unexpended deposited funds shall be promptly returned to the applicant after the conclusion of the final appeal period for action taken by the planning commission, or after an appeal to the town council, or upon withdrawal of the application by the applicant. The applicant shall promptly reimburse the town for such costs paid by town that exceed the deposited amount. No applicant shall be issued a permit while still owing the town reimbursement pursuant to this section.

(Ord. 2019-426, § 1, 2019)

A. Basic Requirements. All new or modified wireless communications facilities shall comply with all of the following basic requirements:

1.

California Environmental Quality Act and California Building Standards Code, as the same may be amended.

2.

Applicable FCC rules, regulations, and standards, as the same may be amended.

3.

All providers shall cooperate in the locating of equipment and antennas to accommodate the maximum number of providers at a given site where feasible and aesthetically desirable, as determined by the town. This will facilitate the co-location of wireless communications facilities. The applicant and provider shall agree to allow future co-location of additional antennas and shall not enter into an exclusive lease for the use of the wireless communications facility site.

4.

All equipment shall be situated or sufficiently buffered to minimize interference with the quiet enjoyment, including adverse visual, noise and aesthetic impacts, of adjacent properties.

5.

All equipment, antennas, poles, cables, hardware, and towers shall have a non-reflective finish and shall be painted or otherwise treated to minimize visual and aesthetic impacts.

6.

Faux tree structures shall include appropriate antenna camouflaging elements, as well as three-dimensional bark cladding from the base to the top of the "trunk" and along all portions of each branch, and branch coverage shall be dense and natural, and no portion of any antennas shall protrude beyond the branches.

7.

All wireless communications facilities shall provide sufficient security measures and anti-climbing measures in the design of the facility to reduce the potential for damage, theft, trespass, and injury.

8.

All wireless communication facilities shall have battery or generator back-up for use in the time of an emergency when normal power sources are not available. The back-up power system shall be capable of running the facility for at least forty-eight hours. This requirement shall not apply to small wireless facilities.

9.

All wireless communication facilities permit applications shall be subject to design review by the architectural and site control commission (ASCC) as provided for in Chapter 18.64 of this title. This requirement shall not apply to small wireless facilities.

B.

Development Standards. The following development standards shall be met by all new wireless communications facilities, including those that are proposed as significant changes to an existing facility:

1.

Height. Antenna and the support structure (tower, pole, etc.) may not exceed a height of fifty feet unless it is determined, based on technical review, that the additional height is necessary to fill the identified gap and/or the added height will allow for co-location of facilities for more than one carrier. Provided, however, that the added height shall only be permitted if aesthetic mitigations, as determined necessary, are included in the design and the approving body finds that the mitigations reduce impacts to acceptable levels.

2.

Setbacks. The base of the tower or antenna support structure shall be at least fifty feet from any adjacent property boundary unless the approving body determines that a closer distance to a boundary would result in less overall aesthetic impacts. This requirement shall not apply to small wireless facilities located in the right-of-way or in a public utility easement.

3.

Residential Properties. In residential zoning districts, antenna and necessary equipment enclosures and support structures shall only be located on properties not residentially developed. Specifically, sites with other utility installations are preferred including sites with water tanks. Residentially zoned properties beyond those currently used only for utilities, e.g., water tanks, pump stations, etc., may be considered only if they are vacant.

4.

Undergrounding Districts. No new pole, however, shall be permitted in an area designated as a utility undergrounding district, unless applicant shows it is infeasible to locate outside the district. If such finding is made, all associated equipment to extent feasible be located underground.

5

Installation in Right-of-Way. Any facility in a public right-of-way shall be subject to encroachment permit requirements of the public works director.

6.

Compliance with Laws. Any wireless communication facilities shall at all times comply with the most current applicable federal and state laws relative to electromagnetic radiation. If, after facility installation, the applicable provisions are modified to be more restrictive, the facility operator shall have one hundred twenty days from the effective date of the change to be in compliance with the more restrictive standards.

7.

Aesthetic Requirements. Wireless communication facilities shall be designed to blend into the environment of the site and the area surrounding the site to the maximum extent feasible. Specifically, the design, scale, form and colors of all aspects of the facility should ensure that the facility does not stand out from its surroundings or otherwise call visual attention to itself. If, for example, a faux tree is to be considered, the tree design and materials should be selected to ensure they integrate into the site and area in a visually unobtrusive manner. Further, additional landscaping shall be provided as necessary to ensure such integration.

a.

Screening and Camouflage. All wireless communications facilities shall be designed, screened and/or camouflaged to the greatest extent possible in one or more of the following ways:

i.

Substantially screened from the view of surrounding properties and the public view or co-located with existing facilities or structures so as not to create substantial visual, noise, or aesthetic impacts;

ii.

Sited within areas with substantial screening by existing vegetation;

iii.

Designed to appear as natural features found in the immediate area, such as trees, so as to be unnoticeable (camouflaged facilities); or

iv.

Screened with additional trees and other native or adapted vegetation which shall be planted and maintained around the wireless communications facility, in the vicinity of the project site, and along access roads, where such vegetation is appropriate and deemed necessary to screen the facilities. Such landscaping, including irrigation, shall be installed and maintained by the permittee and property owner, as long as the permit is in effect.

b.

Equipment Cabinets. Any equipment enclosure shall be designed to be architecturally compatible with existing structures on the site or found in the immediate area. Such equipment shelters shall be limited to the housing of radio, electronic, and related power equipment. Any fencing shall conform to the provisions of Chapter 18.43 of this title.

c.

Colors. The color of all antennas, cabinets, equipment, and mounting brackets shall be approved by the planning and building director.

d.

Attachment. Antennas and all associated equipment shall be flush mounted on the pole unless such mounting impairs the operation of the facility in which case they should be mounted as close to the pole as possible.

e.

Maximum Equipment Dimensions. No small wireless antenna shall exceed four feet from top of antenna to bottom of antenna or extend more than three feet from the surface of the pole. No above ground equipment enclosure shall exceed a total of four feet in height, six feet in width and six feet in length.

f.

Wires and Conduits. Wires and conduits shall be placed underground and run inside poles where feasible. Wires mounted to the outside of poles shall be covered.

8.

Geologic Map. Siting of any new personal wireless communication facility shall conform to the "utility" provisions of town's geologic map and land movement potential map policies as set forth in town council Resolution 2506-2010, or as it may be amended.

9.

New Facilities. New proposed facilities shall be designed and built, to the extent feasible, to facilitate co-location by providers that might reasonably be expected to desire to be located at the proposed site.

10.

Underground Conduit. All radio frequency data, telephone, fiber optics, and power lines to, from, and within a wireless communications facility, where feasible, shall be installed underground within conduits of size large enough to accommodate at least one additional provider.

11.

Warning Signs. All camouflaged facilities including, but not limited to, "faux trees" that emit radio frequency emissions shall be posted with warning signs to the public as legally required by the FCC on and around antennas and equipment shelters, and at all access points to the property upon which such facility is located. Such signs shall be clearly defined on the conditional use permit application plans.

12.

Third Party Review. Where the planning and building director finds that proposed wireless communications facilities have the potential to create a significant interference with the quiet enjoyment of the surrounding area or neighborhood, including adverse visual, noise and aesthetic impacts, the planning and building director may require an independent, third-party review, at the expense of the applicant, to identify such considerations as potential impacts on the surrounding area or neighborhood and to identify potential alternative solutions, and to identify any lesser intrusive means of providing coverage by the project applicant.

13.

Noise Standards. All facilities shall be designed and operated to conform to the minimum noise standards contained in Chapter 9.10 (Noise Control) of the Portola Valley Municipal Code. Failure to comply with the town's adopted noise standard after written notice and opportunity to cure have been given shall be grounds for the town to conduct a revocation hearing regarding the permit granted pursuant to this section.

14.

Compatibility with Public Infrastructure. Facilities shall not block, obstruct, impair or otherwise interfere with the use of public trails, rights-of-way, culverts, storm drains and other public infrastructure. Placement of facilities near such infrastructure shall take into account such infrastructure's current and future use.

C.

Standard Conditions of Approval. In addition to any other conditions the approving body deems necessary to preserve the public health, safety and welfare, all permits issued pursuant to this chapter shall be subject to the following conditions unless modified by the action of the approving authority:

1.

The permittee shall obtain all other permits and agreements necessary to install and operate the wireless communications facilities in conformance with federal, state, and local laws, rules and regulations.

2.

Wireless communications facilities and related equipment, including lighting, fences, shields, cabinets, and poles, shall be maintained in good condition and repair, free from trash, debris, litter and graffiti and other forms of vandalism, and any damage from any cause shall be repaired as soon as practicable, and in no instance more than seven days from the time of notification by the town or after discovery by the permittee.

3.

When no longer in service for a continuous period of ninety days, the facility shall be subject to discontinuance of use provisions and procedures set forth in Section 18.41.110B. of this chapter.

4.

The permittee shall reimburse the town on demand for all costs incurred for work the applicant has failed to perform within thirty days upon notice that the work is required to comply with conditions of permit approval.

5.

The town reserves the right of its employees and agents to inspect permitted facilities upon reasonable notice to the permittee during normal business hours. In case of an emergency or risk of imminent harm to persons or property in the vicinity of permitted facilities, the town reserves the right to enter upon the site of such facilities and to support, disable, or remove those elements of the facilities posing a public nuisance as necessary to preserve the public health or safety.

6.

The permit issued hereunder shall expire within one year of the effective date of issuance if the applicant fails to commence construction within that period; provided, however the approving body may renew any such permit for up to a single one-year period if a request to renew is received by the town at least sixty calendar days before the approvals lapse.

7.

Permits issued pursuant to this section shall expire at twelve p.m. local time ten years from the effective date of the permit issuance unless otherwise specified in the permit.

8.

Any permit shall be reviewed at the planning and building director's discretion, upon receipt of a written complaint, by the approving body for conformity with the conditions of the permit. The permittee or any future owner of the facilities shall be responsible for any town costs associated with the periodic review of the permit or any other town reviews required by permit conditions.

9.

The permittee or any future owner may request an extension of the ten-year life (or five-year life for permits in undergrounding districts) of the permit if the request is made at least six months before the expiration date. The planning commission shall consider the request at a duly noticed public hearing and shall consider changes in technology that would permit alternative means of providing comparable wireless services with less aesthetic impacts. The commission may require replacement of facilities, if less intrusive service alternatives are available, as a condition of extending the life of the use permit. The commission also may require other permit extension conditions it finds necessary to ensure consistency with the intent and objectives of this chapter.

10.

If the wireless facilities or property on which the facilities are located, are transferred to another owner, the town shall be notified as soon as possible after the transfer has been recorded.

11.

Prior to issuance of a building permit for any wireless facilities or a minor wireless permit for a small wireless facility, the permittee and property owner (if a separate entity) shall enter into an agreement with the town guaranteeing maintenance of the site and facilities, including required landscaping, and removal of the facilities if they are no longer used. This agreement shall be to the satisfaction of the town attorney and shall be binding on all future owners of the property and wireless facilities. Further, the agreement shall provide for removal of the facilities at the end of the use permit life unless the permit has been extended by the approval body as provided for herein. Bonds or other sureties shall be provided to cover the guarantees to the satisfaction of town staff.

12.

The landscape maintenance agreement shall specifically provide for timely replacement of any screen planting that has not survived and addition of new landscaping if installed materials are not achieving the screening anticipated with permit approval.

13.

Within forty-five days of the installation of the wireless facilities and thereafter on an annual basis, the permittee shall furnish data to the satisfaction of planning and building director verifying compliance with town noise ordinance standards and all FCC requirements including radio frequency emission standards. The carrier shall submit upon site commissioning, or completion of any approved site modification affecting the radio frequency system, a radio frequency radiation emission test report based on field measurements taken at the site and the immediate surroundings, to demonstrate compliance with FCC standards. Such radio frequency radiation emission test reports shall also be submitted periodically after town acceptance of the initial report pursuant to any schedule as may be provided for in the specific provisions of the use permit.

14.

In the event radio frequency emissions tests required by the permit indicate non-compliance with FCC adopted standards, the carrier shall immediately inform the town of the non-compliance and the steps needed to bring the facilities into compliance. The carrier shall commence corrective action as soon as town approval has been received and shall notify the town when compliance has been achieved. Unless compliance is achieved within sixty days of town approval, the town may take steps to revoke or modify the conditions of this permit.

15.

The permittee or any future owner of a tower facility shall allow for co-location of up to two additional wireless carriers on the facility, if so required by the planning commission based on the specific site conditions and application analyses.

16.

As new technology becomes available, the permittee shall upgrade the facility as feasible to minimize impacts upon the community, including aesthetic impacts. If the facility is not upgraded, as feasible, within a reasonable amount of time, the town may take steps to revoke or modify the conditional use permit. At the time of each required two-year review, the applicant shall provide a report to the planning commission on the state-of-the art as to wireless service and less intrusive technology that is available. If the information demonstrates that less intrusive technology is readily available or becoming available, and feasible to employ at the site, the report shall set forth a time frame for site conversion. The framework for determining feasibility of conversion shall be as determined by the town attorney.

17.

The permit holder shall notify the town in writing of any work to be completed at the facility at least two weeks prior to the start of work. The written notification shall include the intended start and finish dates of the work, a description of the type of work, and contact information for a person who can provide additional information or answer questions. The carrier shall not make any system modifications that may affect the radio frequency radiation emissions without prior approval from the town. The permittee shall submit a radio frequency emissions study reflecting any proposed changes to the site and consider the radio frequency emissions of all co-located entities. Work needed to bring the facility into compliance with FCC standards for radio frequency emissions shall not require a two-week notification period but shall commence as soon as the town has approved the work.

18.

The permittee shall defend, indemnify and hold harmless the town, its agents and officers and employees from any claim, action, or proceeding related to the town's approval of this use permit.

19.

Within ten days of permit issuance, permittee shall deliver to town an insurance certificate for general commercial liability that names the town of Portola Valley as an additional insured in an amount of at least one million dollars in coverage per occurrence per installation in the public right-of-way. Permittee shall annually renew this coverage and ensure the town is listed as an additional insured.

D.

Additional Administrative Regulations. The planning and building director and/or the public works director shall have the authority to adopt additional regulations implementing this chapter. Any such regulations shall be published on the town's website and publicly available upon request.

(Ord. 2019-426, § 1, 2019)

All wireless communications facilities shall at all times comply with the operation and maintenance standards provided for in and unique conditions of use permit approval and the basic standards, development standards and standard conditions of approval set forth in Sections 18.41.080A., B., and C. of this chapter. Failure to comply shall be considered a violation of conditions of approval subject to enforcement pursuant to provisions of this title, revocation or modification pursuant to Chapter 18.72 of this title, or any other applicable provision of law. Further, subject to these same enforcement provisions, all wireless communications facilities shall at all times comply with the following standards:

A.

Any physical modification of an existing facility permitted pursuant to the provisions of this chapter, shall require the applicant to apply for a conditional use permit or small wireless permit amendment for such modification unless the planning and building director determines that the modification is minor and in substantial compliance with the general framework of the approved permit. If the planning and building director determines that the proposed modification is minor, and that an amendment to the use permit is not required, the planning and building director may, nonetheless, require additional landscaping or other stipulations in line with the scope of the modifications to ensure the facilities continue to be used consistent with provisions of the approved use permit.

B.

Each owner or operator of a wireless communications facility shall provide signage identifying the name, site number or other unique identifier, and local or toll-free phone number of a party to contact at any time regarding the facility. Such signage shall be placed at a location where it can be readily viewed without entering any fenced or secured area of the facility and shall be subject to review and approval by the ASCC.

C.

Except for emergency repairs, testing and maintenance activities that will be audible beyond the property line shall only occur between the hours of eight a.m. and five-thirty p.m. on Monday through Friday, excluding legal holidays. Backup power generators shall only be operated during periods of power outages or for testing. At no time shall equipment noise from any source exceed the standards specified in Chapter 9.10 (noise control) of the Portola Valley Municipal Code.

(Ord. 2019-426, § 1, 2019)

A. Every wireless communications facility shall at any and all times comply with the FCC's Office of Engineering and Technology Bulletin 65, and all other FCC rules. In order to ensure continuing compliance with the conditions of permit approval, all wireless communications facilities shall be reviewed by a town approved radio frequency expert in accord with the schedule and procedures set forth below. All costs of such inspections and expert review shall be borne by the permittee. The permittee shall provide a deposit for such reviews and promptly reimburse the town for the cost of such expert inspection and review that exceeds the deposit amount. The town may require, at the permittee's expense, independent verification of the results of any analysis. If a permittee fails to supply the required reports or fails to correct a violation of any condition of permit approval following notification, the conditional use permit is subject to modification or revocation by the planning commission pursuant to Section 18.72.240 of this title.

1.

Within forty-five days of initial operation, and all modifications thereafter, of a wireless communications facility, the permittee shall submit written certification of compliance with the approved application, any applicable FCC radio-frequency requirements, and all conditions of permit approval to the planning and building director.

2.

For every wireless communication facility site authorized by a conditional use permit or minor wireless permit, once each year the town may retain, at the permittees expense, a town approved radio frequency expert to conduct an unannounced radio frequency emissions evaluation of the wireless communications facility's compliance with the approved application, any required radio frequency emissions conditions and all conditions of permit approval.

3.

The town may reasonably require inspection of a tower (including all facilities attached to the tower) by a licensed structural engineer following significant storms, seismic events, or other events, which may jeopardize the structural integrity of the towers (or the facilities attached to the towers). Such inspections shall be at the applicant's cost, and the engineer's written report, with original signature, shall be provided to the town within the time specified by the planning and building director.

4.

If the planning and building director at any time finds that there is good cause to believe that a wireless communications facility is not in compliance with applicable FCC radio-frequency standards, the planning and building director may require the provider to submit written certification that the facility is in compliance with such FCC standards, supported by technically adequate documentation.

B.

The provider of any wireless communications facility that was approved by the town before the effective date of this chapter, shall submit within six months from the date of notification, to the planning and building director, written certification that the facility is in compliance with the approved application, any required conditions of permit approval and applicable FCC radio-frequency requirements, to be reviewed by the town's approved radio frequency expert. Permittee shall promptly reimburse the town for the cost of such expert review. If the facility does not comply with the conditions of permit approval or applicable FCC requirements, the provider shall cease operation of the facility until the facility is brought into compliance. In order to assure the objectivity of the analysis, the town may require, at the applicant's expense, independent verification of the results of the analysis.

C.

Any wireless communications facility that was approved by the town prior to the effective date of this section, and continues to operate within the conditions of the approved permit, and which does not comply with this section on the date of its adoption shall be considered a lawful non-conforming use provided that the provider of such facility submits the information required in subsection B. of this section. Upon application for any permit extension or modification, however, the lawful non-conforming use shall be subject to the provisions of this chapter.

D.

Failure to submit the information required in this section will be considered a violation of the zoning ordinance. Any facility found in violation is subject to revocation or modification pursuant to Chapter 18.72 of this title.

E.

Radio frequency emissions evaluations filed by wireless service providers shall be retained by the town and shall be available to the public upon request.

(Ord. 2019-426, § 1, 2019)

A. Duration of Permits and Approvals.

1.

Actual construction of a wireless communications facility pursuant to an approved conditional use permit or minor wireless permit must be initiated within one year from the date of final approval. If actual construction has not begun within one year from the date of final approval, the permit shall be deemed expired, and all rights granted pursuant to the permit shall be revoked; provided, however the approving body may renew any such permit for up to a single one-year period if a request to renew is received by the town at least sixty calendar days before the approvals lapse.

2.

An approved wireless communications facility must be fully constructed and activated within one year from the date of final approval. If not fully constructed and activated within two years from the date of final approval, the permit shall be deemed expired, and all rights granted pursuant to the permit shall be revoked.

3.

In the event that the planning and building director finds that the applicant has not maintained the facility in compliance with all applicable federal, state or Portola Valley Municipal Code requirements and conditions of approval, the planning and building director may recommend that the planning commission initiate a revocation procedure as provided by Section 18.72.240 of this title.

4.

Costs associated with the process of monitoring compliance, reevaluation of a conditional use permit or minor wireless permit, and extension, revocation or modification of approval shall be borne by the permittee.

B.

Discontinuance of Use. All equipment and improvements associated with a wireless communications facility shall be removed within ninety days of the discontinuation of the use and the site shall be restored to its original, preconstruction condition, or as approved by the planning and building director upon review and recommendation of the ASCC. Written verification of the removal of wireless communications facilities on private property shall be provided to the planning and building director within ninety days of the discontinuation of the use.

1.

If the provider fails to remove the wireless communications facilities from the site as required herein, the property owner shall be responsible for removal. If such facilities are not removed, the site shall be deemed to be a public nuisance and the town may take such action as is it deems appropriate to abate the public nuisance in accordance with provisions of this code and any other applicable provision of law.

2.

Failure to inform the planning and building director of cessation of operations of any existing facility shall constitute a violation of the zoning ordinance and be grounds for:

a.

Civil prosecution;

b.

Revocation or modification of the permit pursuant to Section 18.72.240 of this title; and/or

c.

Removal of the facilities by the town at the property owner's expense, which may result in a lien on the property.

C.

Existing Uses. All equipment and improvements associated with a wireless communications facility permitted as of the date of passage of this chapter that are consistent with the provisions of the conditional use permit for such facility, shall be allowed to continue as they presently exist, but will be considered legal nonconforming uses insofar as they do not comply with standards stated in this section. Maintenance of the facilities consistent with the provisions of the conditional use permit shall be permitted. However, any extension of a conditional use permit life and all alterations or new construction, other than routine and/or required maintenance on existing towers, antennas, buildings, or other facilities shall comply with the requirements of this chapter.

(Ord. 2019-426, § 1, 2019)