Vernon City Zoning Code
CHAPTER 17
120 WIRELESS FACILITIES
§ 17.120.010 Purpose.
The purpose of this chapter is to establish comprehensive requirements and standards for the development of wireless facilities in the City of Vernon on both public and private property and in the public right-of-way. These requirements and standards are intended to protect the public health, safety, welfare, and aesthetic character of the City of Vernon, encourage the use of existing structures, minimize the proliferation of new support structures, and reduce potential visual, environmental, and land use impacts.
(Ord. 1309, 2/3/2026)
§ 17.120.020 Applicability, exemptions, and nonconforming facilities.
Applicability. This chapter applies to all wireless facilities within the City, unless specifically exempted herein.
Exempt Facilities. The following wireless facilities are exempt. Each exempt facility listed below shall fully comply with other applicable requirements of the Vernon City Code.
Over-the-Air-Reception-Devices (OTARD) Antennas. A single ground-mounted or building-mounted antenna, including any mast supporting an antenna, that meets any of the following descriptions and is installed in order to serve a user on property within the exclusive use or control of the user and such user has a direct or indirect ownership or leasehold interest in the property:
Direct broadcast satellite antennas measuring one meter or less in diameter (or diagonal measurement) used to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite, including a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services; and
Multipoint distribution services antennas measuring one meter or less in diameter (or diagonal measurement) used to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or to receive or transmit fixed wireless signals other than via satellite, including a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services; and
Television broadcast system antennas.
Satellite earth station (SES) antennas measuring two meters or less in diameter (or diagonal measurement) located on a property within any commercial or industrial zoning district, provided: (a) the antenna is located entirely on and/or above the subject property; and (b) no portion of any ground-mounted antenna is within a required front yard setback for the main building, in front of the main building, within a required side yard setback of a corner lot or adjacent to a street. All SES antennas require a building permit for review of placement to ensure that adequate health and safety requirements are met.
Facilities constructed by or for FCC-licensed amateur radio operators that comply with the following provisions:
The antenna structure, when fully extended, measures 35 feet or less in height, and measures 24 inches or less in diameter or width;
The antenna boom measures 20 feet or less in length and is three inches or less in diameter;
No antenna element exceeds 32 feet in length or two inches in diameter or width, with the exception of mid-element tuning devices which shall not exceed six inches in diameter or width;
The turning radius of any antenna does not exceed 26 feet; and
All antennas and antenna structures shall comply with other applicable provisions of the Vernon City Code.
Wireless facilities that fall within the term "accessories" as defined in California Public Utilities Commission General Order 131-E, or any successor order.
Wireless facilities installed, operated, or required by the City for municipal purposes.
Wireless facilities erected and operated for emergency situations, as designated by the City Manager, so long as the facility is removed at the conclusion of the emergency.
Nonconforming Facilities. All wireless facilities that were lawfully established or constructed before the adoption of this Chapter, but which would be prohibited, regulated, or restricted differently under the current terms of this chapter are subject to Chapter 17.64 (Nonconforming Uses). Notwithstanding the foregoing, modifications to nonconforming wireless facilities that are submitted as and are determined to qualify as an eligible facilities request will be allowed in accordance with this chapter.
(Ord. 1309, 2/3/2026)
§ 17.120.030 Definitions.
For the purpose of this chapter only, certain words and terms are hereby defined. Words used in the singular shall be deemed to include the plural and the plural the singular; and the word "shall" is mandatory and not discretionary.
means a ground, building, or tower-mounted antenna, or similar antenna structure, operated by a federally licensed amateur radio operator as part of the Amateur Radio Service, and as designated by the Federal Communications Commission (FCC).
has the same meaning as provided in 47 C.F.R. § 1.6100(b)(1), as may be amended, which defines that term as follows: A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless telecommunications between user equipment and a communications network. The term does not encompass a tower as defined in 47 C.F.R. § 1.6100(b) or any equipment associated with a tower.
The term includes, but is not limited to, equipment associated with wireless telecommunications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks).
The term includes any structure other than a tower that, at the time the relevant application is filed with the state or local government under this section, supports or houses equipment described in subsections 1 and 2 of this definition that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.
The term does not include any structure that, at the time the relevant application is filed with the State or local government under this section, does not support or house equipment described in subsections 1 and 2 of this definition.
has the same meaning as defined by the FCC in 47 C.F.R. § 1.6002(g), as may be amended, which defines that term as: (1) mounting or installing an antenna facility on a preexisting structure; and/or (2) modifying a structure for the purpose of mounting or installing an antenna facility on that structure. Notwithstanding the foregoing, for eligible facilities requests only, "collocation" has the same meaning as provided in 47 C.F.R. § 1.6100(b)(2), as may be amended, which defines that term as "[t]he mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes."
has the same meaning as that term is defined in 47 C.F.R. § 1.6100(b)(3), as may be amended, which defines that term as "[a]ny request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (i) [c]ollocation of new transmission equipment; (ii) [r]emoval of transmission equipment; or (iii) [r]eplacement of transmission equipment."
has the same meaning as provided in 47 C.F.R. § 1.6100(b)(4), as may be amended, which defines that term as "[a]ny tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with the state or local government under this section."
means an enclosure used to house multiple items of equipment associated with a wireless facility.
has the same meaning as provided in 47 C.F.R. § 1.6100(b)(5), as may be amended, which provides that "[a] constructed tower or base station is existing for purposes of [the FCC's eligible facilities request regulations] if it has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition."
mean the Federal Communications Commission or its lawful successor.
of a wireless facility means the vertical distance measured from the natural undisturbed ground surface below the center of the base of said facility to the top of the facility itself or, if higher, to the tip of the highest antenna or appurtenance attached thereto. In the case of building-mounted facilities the height of the facility includes the height of the portion of the building on which it is mounted. In the case of crank-up or other similar towers whose height can be adjusted, the height of the facility shall be the maximum height to which it is capable of being raised.
means a single freestanding pole, post, or similar non-lattice structure used to support antennas and equipment associated with a wireless facility.
has the same meaning as provided in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended, which defines the term as "commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services."
is commonly used as a designation of those things which are considered owned by "the public," the state or community, and not restricted to dominion of a private person. It may also apply to any property owned by a state, nation, or municipality. It does not include public right-of-way.
means all land or interest therein which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for or dedicated to the use of the general public for street purposes.
means an antenna directly attached or affixed to the roof of, on the facade, or elsewhere on a preexisting building, tank or similar structure other than a tower.
has the same meaning as provided in 47 C.F.R. § 1.6100(b)(6), as may be amended, which provides that "[f]or towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground. The current boundaries of a site are the boundaries that existed as of the date that the original support structure or a modification to that structure was last reviewed and approved by a state or local government, if the approval of the modification occurred prior to the Spectrum Act or otherwise outside of the eligible facilities request process."
has the same meaning as provided in 47 C.F.R. § 1.6002(1), as may be amended, which defines that term as facilities that meet each of the following conditions:
The facility:
Is mounted on structures 50 feet or less in height including their antennas as defined in 47 C.F.R. § 1.1320(d); or
Is mounted on structures no more than 10% taller than other adjacent structures; or
Does not extend existing structures on which they are located to a height of more than 50 feet or by more than 10%, whichever is greater;
Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in 47 C.F.R. § 1.1320(d)), is no more than three cubic feet in volume;
All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than 28 cubic feet in volume;
The facility does not require antenna structure registration under part 17 of this chapter;
The facility is not located on tribal lands, as defined under 36 C.F.R. § 800.16(x); and
The facility does not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified in 47 CFR § 1.1307(b).
means any wireless facility which is designed to blend into the surrounding environment by means of screening, concealment, or camouflage intended to make all or portions of the facility either not readily visible to the public, or, if visible, appear to be part of or blend with the existing natural or built environment rather than as a wireless facility.
has the same meaning as provided in 47 C.F.R. § 1.6100(b)(7), as may be amended, which defines that term as a substantial modification changing the physical dimensions of an eligible support structure that meets any of the following criteria:
For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than ten feet, whichever is greater;
Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act.[1]
For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;
For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure;
It entails any excavation or deployment outside of the current site, except that, for towers other than towers in the public rights-of-way, it entails any excavation or deployment of transmission equipment outside of the current site by more than 30 feet in any direction. The site boundary from which the 30 feet is measured excludes any access or utility easements currently related to the site;
It would defeat the concealment elements of the eligible support structure; or
It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment; provided, however, that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in 47 C.F.R. § 1.6100(b)(7)(i) through (iv).
has the same meaning as provided in 47 C.F.R. § 1.6100(b)(9), as may be amended, which defines that term as "[a]ny structure built for the sole or primary purpose of supporting any [FCC]-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless telecommunications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site." Examples include, but are not limited to, monopoles and lattice towers. This definition does not include utility poles.
has the same meaning as provided in 47 C.F.R. § 1.6100(b)(8), as may be amended, which defines that term as "[e]quipment that facilitates transmission for any [FCC]-licensed or authorized wireless communications service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless telecommunications services including, but not limited to, private, broadcast, public safety services, as well as fixed wireless services, such as microwave backhaul."
means any structure designed to support electric, telephone, and similar utility lines. A Tower is not a utility pole.
means any transmitters, antenna structures, equipment cabinets, supporting batteries, emergency standby generators, remote radio units (RRUs), concealment elements, meters, switches, cabling, and other types of facilities used for the provision of wireless services at a fixed location, including, without limitation, any associated tower(s), support structure(s), and base station(s).
(Ord. 1309, 2/3/2026)
§ 17.120.040 Permit requirements.
Conditional Use Permit. A conditional use permit shall be required for any other wireless facility or modification thereof that does not qualify for minor modification review under subsection A above, unless exempted by this chapter.
Other Permits Required by Code. In addition, applicants for permits required by this Chapter must also obtain all other permits and approvals required by the Vernon City Code in connection with the construction, operation and maintenance of the wireless facility, including, but not limited to, encroachment permits for accessing, working, or staging within the public right-of-way or on City-owned public property, building permits and other applicable approvals.
License Agreement. Permits issued in accordance with this chapter are not an authorization to use City property. No City property may be used for the deployment of a wireless facility without first entering into a license agreement with the City for such use and occupancy.
(Ord. 1309, 2/3/2026)
§ 17.120.050 Application submittal requirements; Consultants.
Application Submittal Requirements. An applicant seeking approval under this chapter shall complete and submit an application to the Department for Public Works for review and processing, upon the form published by the Director of Public Works, which may be updated from time to time, and pay the associated application fees or deposits.
Consultants. The Director of Public Works is authorized, in his or her discretion, to select and retain independent consultant(s) in connection with the review of any application under this chapter, including on any issue that involves specialized or expert knowledge in connection with an application, such as application completeness or accuracy, structural engineering analysis, or compliance with FCC radio frequency emissions exposure standards. The cost for the independent consultant shall be borne by the applicant.
(Ord. 1309, 2/3/2026)
§ 17.120.060 Findings for approval.
The City Council or Director of Public Works considering an application for minor modification review, or a conditional use permit, as applicable and subject to this chapter, may approve the application only upon making the following findings:
Findings of Approval for a Minor Modification Review Under this Chapter. The Director of Public Works may approve a minor modification under this chapter, with or without conditions, only if, on the basis of the application and other materials or evidence provided in review thereof, all of the following findings can be made in an affirmative manner:
For eligible facilities requests:
The proposed modification meets each and every one of the applicable criteria for an eligible facilities request stated in 47 C.F.R. § 1.6100(b)(3) through (9), or any successor provisions, after application of the definitions in 47 C.F.R. § 1.6100(b). The Director shall make an express finding for each criterion.
Findings of Approval for a Conditional Use Permit Under this Chapter. The City Council may approve a Conditional Use Permit under this chapter, with or without conditions, only if, on the basis of the application and other materials or evidence provided in review thereof, all of the following findings can be made in an affirmative manner:
All findings for approval required for a Conditional Use Permit as specified in Section 17.72.060; and
The wireless facility complies with all applicable requirements of this chapter, or has met the requirements for a limited exception as outlined in Section 17.120.090.
(Ord. 1309, 2/3/2026)
§ 17.120.070 Denial without prejudice.
Denial Without Prejudice. The denial of eligible facilities requests and California Government Code § 65850.6 collocations shall be without prejudice.
Denial Without Prejudice Due to Failure to Respond to Notice(s) of Incompleteness. To promote efficient review and timely decisions, any application governed under this chapter regardless of type may be denied without prejudice by the Director of Public Works when the applicant fails to tender a substantive response to the City within 120 calendar days after the Director of Public Works deems the application incomplete in a written notice to the applicant. The Director of Public Works, in his or her discretion, may grant a written extension for up to an additional 30 calendar days when the applicant submits a written request prior to the 120th day that shows good cause to grant the extension. Good cause for an extension shall include, without limitation, delays due to circumstances outside the applicant's reasonable control.
(Ord. 1309, 2/3/2026)
§ 17.120.080 General location, design and development standards.
Each wireless facility subject to this chapter (except for eligible facilities requests and California Government Code § 65850.6 collocations) shall be designed, installed and operated in compliance with these location, design and development standards, unless specifically stated otherwise in this chapter.
Location Standards. Wireless facilities may be located in any zone within the City.
Design and Development Standards. Wireless facilities shall be designed and developed to minimize their visual impact as viewed from surrounding properties and public streets. The following minimum standards shall apply:
Stealth/Concealment. All wireless facilities must be designed as a stealth facility to the maximum extent feasible. Stealth concealment techniques include, without limitation:
Transmission equipment placed completely within existing or replacement architectural features such that the installation causes no visible change in the underlying structure;
Deployment of facilities on a pre-existing building, water tank or similar structure not built for the purpose of a wireless facility using elements, measures, and techniques that mimic or blend in with the underlying structure, surrounding environment or adjacent uses;
Deployment of roof-mounted facilities using parapets, cupolas or other screening that matches structure architecture, including use of a setback from the building's rooftop edge by the equivalent of the height of the facility or a minimum of 10 feet, whichever is greater;
New architectural features that mimic or blend with the underlying or surrounding structures in style, proportion and construction quality such that they appear part of the original structure's design; and
Concealment elements, measures and techniques that mimic or blend with the underlying structure, surrounding environment or adjacent uses. However, faux trees are not preferred.
Height. Freestanding wireless facilities (monopoles, towers) shall not exceed 60 feet in height, unless the applicant demonstrates that a taller structure is the minimum necessary to provide service consistent with FCC standards. Wireless facilities mounted on existing buildings or structures shall not exceed the height of the supporting structure by more than 10 feet.
Setbacks. Wireless facilities shall be subject to all applicable setbacks in the underlying zone.
Finishes. All exterior surfaces must be comprised of non-reflective material(s) and painted, screened, or camouflaged to blend with the materials and colors of surrounding buildings or structures. All exterior surfaces on wireless facilities shall be constructed from, or coated with, graffiti-resistant materials.
Trees and Landscaping. Wireless facilities shall not be installed (in whole or in part) on new poles within any tree drip line. All wireless facilities proposed to be placed in a landscaped area must include landscape and/or hardscape features (which may include, without limitation, trees, shrubs and ground cover) and a landscape maintenance plan. The existing native vegetation shall be maintained to the maximum extent feasible. The reviewing authority may require additional landscape features to screen the wireless facility from public view, avoid or mitigate potential adverse impacts on adjacent properties or otherwise enhance the stealth techniques required under this chapter. All plants proposed or required must be reviewed as part of a formal landscaping plan and approved by the City.
Lights. Wireless facilities may not include exterior lights other than as may be required under the Federal Aviation Administration, FCC, or other applicable Federal or State governmental regulations. All exterior lights permitted or required to be installed must be installed in locations and within enclosures that mitigate illumination impacts on other properties to the maximum extent feasible. Any lights associated with the electronic equipment shall be appropriately shielded from public view. Any light beacons or lightning arresters shall be included in the overall height calculation.
Signage, Advertisements. All wireless facilities must include signage that accurately identifies the equipment owner/operator, the owner/operator's site name or identification number and a toll-free number to the owner/operator's network operations center. Wireless facilities may not bear any other signage or advertisements unless expressly approved by the City, required by law or recommended under FCC or other Federal governmental agencies for compliance with RF emissions regulations.
Security Measures. To prevent unauthorized access, theft, vandalism, attractive nuisance or other hazards, reasonable and appropriate security measures, such as fences, walls and anti-climbing devices may be approved. Security measures shall be designed and implemented in a manner that enhances or contributes to the overall stealth, and the reviewing authority may condition approval on additional stealth elements to mitigate any aesthetic impacts, which may include, without limitation, additional landscape or hardscape features. Barbed wire, razor ribbon, electrified fences or any similar security measures are prohibited. Alarm systems shall not include any visible alarms or audible sirens or other sounds. All screening elements including building and landscape elements shall be maintained in a safe and structurally sound condition consistent with approved plans.
Fire Safety. All wireless facilities shall be designed by qualified, licensed persons to provide the maximum protection that is technically feasible to prevent electrical and fire hazards. All wireless facilities shall be proactively monitored and maintained to continue and, if possible, improve the safety design.
Compliance with Laws. All wireless facilities must be designed and sited in compliance with all applicable Federal, State, regional, and local laws, regulations, rules, restrictions and conditions, which includes without limitation the California Building Standards Code, Americans with Disabilities Act,[1] General Plan and any applicable specific plan, this Code and any conditions or restrictions in any permit or other governmental approval issued by any public agency with jurisdiction over the project.
Public Health. No wireless facility shall be sited or operated in such a manner that it produces, either by itself or in combination with other such facilities, at any time power densities in any inhabited area that exceed the FCC's maximum permissible exposure (MPE) limits for electric and magnetic field strength and power density for transmitters. Absolute compliance with FCC Office of Engineering Technology (OET) Bulletin 65, as amended, is mandatory, and any violation of this paragraph shall be grounds for the City to order the immediate service termination of any nonpermitted, noncomplying facility constructed within the City.
(Ord. 1309, 2/3/2026)
§ 17.120.090 Limited exceptions to location, design, and development standards.
The Director of Public Works and/or the City Council considering the application may grant exceptions to the location, design and development standards for wireless facilities subject to this chapter, if it is determined that denial of an application or strict adherence to the design, development and location standards would:
Prohibit or effectively prohibit the provision of personal wireless services, within the meaning of Federal law; or
Violate applicable laws or regulations other than subsection A.1, above; or
Involve only minor noncompliance with a requirement, provided such noncompliance either results in no increase in visual harms to the community or provides other benefits.
To be considered, the applicant must request an exception at the time of application submittal, and the applicant has the burden of proof.
If the Director of Public Works and/or the City Council considering the application finds that an exception is warranted, said requirements may be waived, but only to the minimum extent required to avoid the prohibition, violation, or technically infeasible location, design or installation or minor noncompliance.
(Ord. 1309, 2/3/2026)
§ 17.120.100 Standard conditions of approval.
All permits issued in accordance with this chapter, whether approved by the Director of Public Works and/or the City Council considering the application, or deemed approved by the operation of law, shall be automatically subject to the conditions in this section; provided however, the Director of Public Works and/or the City Council shall have discretion to modify, supplement, waive or amend these conditions on a case-by-case basis in its approval decision as may be necessary or appropriate under the circumstances to protect public health and safety or allow for the proper operation of the approved facility consistent with the goals of this chapter.
Permit Term. The permit for a wireless facility will automatically expire at 12:01 a.m. local time exactly 10 years and one day from the issuance date. Any other permits or approvals issued in connection with an application subject to this section, which includes, without limitation, any permits or other approvals deemed-granted or deemed-approved under Federal or State law, will not extend this term limit unless expressly provided otherwise in such permit or approval or required under Federal or State law. This condition shall not apply to eligible facilities requests and California Government Code § 65850.6 collocations facilities.
Compliance with Laws. The permittee shall at all times maintain compliance with all applicable Federal, State and local laws, regulations and other rules.
Noise. All wireless facilities must be compliant with all applicable noise regulations, which includes, without limitation, any noise regulations in this Code. The City may require the applicant to incorporate appropriate noise-baffling materials and/or noise-mitigating strategies to avoid any ambient noise from equipment reasonably likely to exceed the applicable noise regulations.
Contact Information for Responsible Parties. The permittee shall at all times maintain accurate contact information for all parties responsible for the wireless facility, which shall include a phone number, street mailing address and email address for at least one natural person. All such contact information for responsible parties shall be provided to the Director of Public Works upon permittee's receipt of the Director of Public Works' written request, except in an emergency determined by the city when all such contact information for responsible parties shall be immediately provided to the Director of Public Works upon that person's verbal request.
Indemnities. The permittee and, if applicable, the owner of the private property upon which the facility is installed shall defend, indemnify and hold harmless the City of Vernon, its agents, officers, officials and employees: (a) from any and all damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, law suits, writs of mandamus and other actions or proceedings brought against the City or its agents, officers, officials or employees to challenge, attack, seek to modify, set aside, void or annul the City's approval of the permit; and (b) from any and all damages, liabilities, injuries, losses, costs and expenses and any and all claims, demands, law suits or causes of action and other actions or proceedings of any kind or form, whether for personal injury, death or property damage, arising out of or in connection with the activities or performance of the permittee or, if applicable, the private property owner or any of each one's agents, employees, licensees, contractors, subcontractors or independent contractors. In the event the City becomes aware of any such actions or claims the City shall promptly notify the permittee and the private property owner, if applicable, and shall reasonably cooperate in the defense. It is expressly agreed that the City shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the City's defense, and the property owner and/or permittee (as applicable) shall reimburse city for any costs and expenses directly and necessarily incurred by the City in the course of the defense.
Adverse Impacts on Adjacent Properties. Permittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification and removal of the wireless facility.
General Maintenance. The site and the wireless facilities, including, but not limited to, all landscaping, fencing and related transmission equipment, must be maintained in a neat and clean manner and in accordance with all approved plans and conditions of approval.
Graffiti Removal. All graffiti on wireless facilities must be removed at the sole expense of the permittee within 48 hours after notification from the City.
RF Emissions Exposure Compliance. All wireless facilities must comply with all standards and regulations of the FCC and any other State or Federal government agency with the authority to regulate RF exposure standards. After transmitter and antenna system optimization, but prior to unattended operations of the wireless facility, permittee or its representative must provide the City documentation demonstrating compliance with all applicable RF emissions exposure standards as certified by a licensed engineer.
Build-Out Period. This permit shall lapse one year after its date of approval unless one of the following has occurred:
Lapse. The permit shall automatically lapse if, after the commencement of operation of the wireless facility, there is a discontinuance of the exercise of the entitlement granted by the permit for six consecutive months or more.
Testing. Testing of back-up generators and other noise producing equipment shall take place on weekdays only, and only between the hours of 8:30 a.m. and 4:30 p.m., except that testing is prohibited on holidays that fall on a weekday. In addition, testing is prohibited on weekend days.
Utilities Undergrounded. Unless the wireless facility is on a utility pole, extensions of electrical and telecommunications land lines to serve the wireless facility shall be underground.
Encroachment. Permittee must obtain an encroachment permit for any work, staging, operations, or construction access in the public right-of-way or on City-owned public property.
Other Approvals. The permittee shall obtain all other applicable permits, approvals, and agreements necessary to install and operate the wireless facility in conformance with Federal, State, and local laws, rules, and regulations.
Modifications. No changes shall be made to the approved plans attached to any permit issued in accordance with this chapter, except as set forth in Section 17.72.120 and Section 17.72.130, whichever is applicable to the permit issued. Following the completion of installation and/or construction approved under a permit issued in accordance with this chapter, no changes may be made to the facility without review and approval as required by this chapter.
Performance and Maintenance. All wireless facilities, including but not limited to fences, cabinets, poles and landscaping, shall be maintained in good working condition over the life of the permit. This shall include keeping the structures maintained to the visual standards established at the time of approval. The facility shall remain free from trash, debris, litter, graffiti and other forms of vandalism. Any damage shall be repaired as soon as practicable, and in no instance more than 10 calendar days from the time of notification by the City or after discovery by the permittee.
Bond. Prior to issuance of a building or electrical permit, the permittee shall file with the City, and shall maintain in good standing throughout the term of the approval, a bond or other surety or another form of security for the removal of the wireless facility in the event that the use is abandoned or the permit expires, or is revoked, or is otherwise terminated. The security shall be in the amount equal to 100% of the cost of physically removing the wireless facility and all related facilities and equipment on the site, based on the higher of two contractors' quotes for removal that are provided by the permittee.
City Access. The City reserves the right of its employee, agents, and designated representatives to inspect permitted wireless facilities and property upon reasonable notice to the permittee. In case of an emergency or risk of imminent harm to persons or property within the vicinity of permitted facilities, the City reserves the right to enter upon the site of such facilities and to support, disable, or remove those elements of the facilities posing an immediate threat to public health and safety. The City shall make an effort to contact the permittee, prior to disabling or removing wireless facility elements.
Interference. To the extent required by applicable Federal rules and regulations, the operator of a wireless facility shall correct interference problems experienced by any person or entity with respect to equipment such as television, radio, computer, and telephone reception or transmission that are caused by the facility. If a federal agency with jurisdiction over such matters notifies the permittee that a facility is operating in violation of Federal standards, the permittee shall promptly provide the Director of Public Works with a copy of any notice of such violation issued by any Federal agency and further shall notify the Director of Public Works once the facility comes back into compliance with applicable standards.
Discontinuance of Use/Permit Expiration. The operator of a lawfully erected facility, and the owner of the premises upon which it is located, must promptly notify the Director of Public Works in writing in the event that use of the facility is discontinued for any reason. In the event that discontinued use is permanent, then the owner(s) and/or operator(s) must promptly remove the facility, repair any damage to the premises caused by such removal, and restore the premises as appropriate so as to be in conformance with applicable zoning codes. All such removal, repair and restoration must be completed within 60 days after the use is discontinued, and must be performed in accordance with all applicable health and safety requirements. For purposes of this subsection 21, a discontinued use is permanent unless the facility is likely to be operative and used within the immediately following three-month period. A facility that is not removed and the site not restored as required by this subsection 21, within six continuous months is deemed abandoned. An abandoned facility is a nuisance, subject to abatement pursuant to the provisions of the Vernon City Code.
Conditions of Approval for Eligible Facilities Requests. In addition to the foregoing Standard Conditions of Approval (except subsection A.1 which does not apply), any eligible facilities request approved pursuant to this chapter shall be subject to the following standard conditions unless modified by the Director of Public Works:
No Permit Term Extension. The City's grant or grant by operation of law of a permit for an eligible facilities request constitutes a Federally mandated modification to the underlying permit or approval for the subject tower or base station. The City's grant or grant by operation of law of a permit for an eligible facilities request will not extend the permit term for any permit or other underlying regulatory approval and its term shall be coterminous with the underlying permit or other regulatory approval for the subject tower or base station.
No Waiver of Standing. The City's grant or grant by operation of law of an eligible facilities request does not waive, and shall not be construed to waive, any standing by the City to challenge any Federal statute or regulation concerning eligible facilities request or any eligible facilities request.
Permit Subject to Conditions of Underlying Permit. Permits for eligible facilities requests shall be subject to the terms and conditions of the underlying permit for the existing tower or base station.
Conditions of Approval for California Government Code § 65850.6 Collocation Facilities. In addition to the foregoing Standard Conditions of Approval (except subsection A.1 which does not apply), any such collocation application approved pursuant to this chapter shall be subject to the following standard conditions unless modified by the Director of Public Works:
No Permit Term Extension. The City's grant or grant by operation of law of a permit for a Government Code § 65850.6 collocation facility constitutes a State-mandated modification to the underlying permit or approval for the subject "wireless telecommunications collocation facility" (as defined in Cal. Gov't. Code § 65850.6). The City's grant or grant by operation of law of a permit for such facility will not extend the permit term for any permit or other underlying regulatory approval and its term shall be coterminous with the underlying permit or other regulatory approval for the subject wireless telecommunications collocation facility.
(Ord. 1309, 2/3/2026)