Ordinance No. 1309ORDINANCE NO. 1309
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON,
AMENDING TITLE 17 (ZONING) OF THE VERNON MUNICIPAL CODE
TO REGULATE WIRELESS TELECOMMUNICATION FACILITIES
SECTION 1. Recitals.
A. The City of Vernon (City) is a municipal corporation and a charted city of the State
of California organized and existing under its charter and the Constitution of the
State of California.
B. Vernon Municipal Code (VMC) Title 17 – Zoning (Zoning Code), establishes zoning
regulations and provisions in the City and designates, regulates and restricts
various matters of zoning and land use.
C. The City desires to amend the VMC to establish new standards for wireless
telecommunication facilities that adhere to the limitations imposed by the Federal
Communications Commission (FCC) and State law while protecting the public
health welfare and aesthetic character of the City, and encourage the use of
existing structures, minimize the proliferation of new support structures and reduce
potential visual, environmental, and land use impacts.
D. A duly-noticed public hearing has been held to consider the proposed Zoning Code
changes, and public testimony has been received and considered.
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
SECTION 2. The City Council of the City of Vernon hereby finds and determines
that the above recitals are true and correct and are a substantial part of this ordinance.
SECTION 3. The City Council finds that this Ordinance is not a “project” subject
to the California Environmental Quality Act (CEQA), because it has no potential to result
in a direct or indirect physical change in the environment. The Ordinance does not
authorize any specific development or installation on any specific piece of property within
the City’s boundaries. Moreover, when and if an application for installation is submitted,
the City will at that time conduct preliminary review of the application in accordance with
CEQA. Alternatively, even if the Ordinance is a “project” within the meaning of State
CEQA Guidelines Section 15378, the Ordinance is exempt from CEQA on multiple
grounds. First, the Ordinance is exempt from CEQA because approval of the
Ordinance will not result in the actual installation of any facilities in the City therefore it
can be seen with certainty that there is no possibility that the Ordinance may have a
significant effect on the environment. (State CEQA Guidelines, Section 15061(b)(3)).
Alternatively, the Ordinance is categorically exempt from CEQA under State CEQA
Guidelines Sections 15301 (existing facilities), 15302 (replacement or reconstruction),
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15303 (new construction or conversion of small structures), and/or 15304 (minor
alterations to land).
SECTION 4. Chapter 17.120 of Title 17 of the Vernon Municipal Code is hereby
added to read as follows:
Chapter 17.120 WIRELESS FACILITIES
x 17.120.010 Purpose
x 17.120.020 Applicability, Exemptions, and Nonconforming Facilities
x 17.120.030 Definitions
x 17.120.040 Permit Requirements
x 17.120.050 Application Submittal Requirements; Consultants
x 17.120.060 Findings For Approval
x 17.120.070 Denial Without Prejudice
x 17.120.080 General Location, Design, and Siting Development Standards
x 17.120.090 Limited Exceptions to Location, Design, and Development Standards
x 17.120.100 Standard Conditions of Approval
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.
17.120.020 Applicability; Exemptions, and Nonconforming Facilities
A. Applicability. This Chapter applies to all wireless facilities within the City, unless
specifically exempted herein.
B. 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.
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1. 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:
a. 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
b. 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
c. Television broadcast system antennas.
2. 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: (1) the antenna is located entirely on and/or
above the subject property; and (2) no portion of any ground-mounted antenna is
within a required front yard setback for the main building, in front of the main
building, within a required side yard setback of a corner lot or adjacent to a street.
All SES antennas require a building permit for review of placement to ensure that
adequate health and safety requirements are met.
3. Facilities constructed by or for FCC-licensed amateur radio operators that comply
with the following provisions:
a. The antenna structure, when fully extended, measures 35 feet or less in height,
and measures 24 inches or less in diameter or width;
b. The antenna boom measures 20 feet or less in length and is three inches or
less in diameter;
c. 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;
d. The turning radius of any antenna does not exceed 26 feet; and
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e. All antennas and antenna structures shall comply with other applicable
provisions of the Vernon City Code.
4. Wireless facilities that fall within the term “accessories” as defined in California
Public Utilities Commission General Order 131-E, or any successor order
5. Wireless facilities installed, operated, or required by the City for municipal
purposes.
6. 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.
C. 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.
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.
“Amateur radio antenna” means a ground, building, or tower-mounted antenna, or similar
antenna structure, operated by a federally licensed amateur radio operator as part of the
Amateur Radio Service, and as designated by the Federal Communications Commission
(FCC).
“Base station” has the same meaning as provided in 47 C.F.R. § 1.6100(b)(1), as may be
amended, which defines that term as follows:
A structure or equipment at a fixed location that enables FCC-licensed or authorized
wireless telecommunications between user equipment and a communications
network. The term does not encompass a tower as defined in 47 C.F.R. § 1.6100(b)
or any equipment associated with a tower.
1. The term includes, but is not limited to, equipment associated with wireless
telecommunications services such as private, broadcast, and public safety
services, as well as unlicensed wireless services and fixed wireless services such
as microwave backhaul.
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2. The term includes, but is not limited to, radio transceivers, antennas, coaxial or
fiber-optic cable, regular and backup power supplies, and comparable equipment,
regardless of technological configuration (including distributed antenna systems
and small-cell networks).
3. The term includes any structure other than a tower that, at the time the relevant
application is filed with the state or local government under this section, supports
or houses equipment described in subsections 1 and 2 of this definition that has
been reviewed and approved under the applicable zoning or siting process, or
under another state or local regulatory review process, even if the structure was
not built for the sole or primary purpose of providing such support.
4. The term does not include any structure that, at the time the relevant application
is filed with the state or local government under this section, does not support or
house equipment described in subsections 1 and 2 of this definition.
“Collocation” has the same meaning as defined by the FCC in 47 C.F.R. § 1.6002(g), as
may be amended, which defines that term as: (1) mounting or installing an antenna facility
on a preexisting structure; and/or (2) modifying a structure for the purpose of mounting or
installing an antenna facility on that structure. Notwithstanding the foregoing, for eligible
facilities requests only, “collocation” has the same meaning as provided in 47 C.F.R. §
1.6100(b)(2), as may be amended, which defines that term as “[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.”
“Eligible facilities requests ” has the same meaning as that term is defined in 47 C.F.R. §
1.6100(b)(3), as may be amended, which defines that term as “[a]ny request for
modification of an existing tower or base station that 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.”
“Eligible support structure” has the same meaning as provided in 47 C.F.R. §
1.6100(b)(4), as may be amended, which defines that term as “[a]ny tower or base station
as defined in this section, provided that it is existing at the time the relevant application is
filed with the state or local government under this section.”
“Equipment cabinet” means an enclosure used to house multiple items of equipment
associated with a wireless facility.
“Existing” has the same meaning as provided in 47 C.F.R. § 1.6100(b)(5), as may be
amended, which provides that “[a] constructed tower or base station is existing for
purposes of [the FCC’s eligible facilities request regulations] if it has been reviewed and
approved under the applicable zoning or siting process, or under another state or local
regulatory review process, provided that a tower that has not been reviewed and
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approved because it was not in a zoned area when it was built, but was lawfully
constructed, is existing for purposes of this definition.”
“Federal Communications Commission” or “FCC” mean the Federal Communications
Commission or its lawful successor.
“Height” of a wireless 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.
“Monopole” means a single freestanding pole, post, or similar non-lattice structure used
to support antennas and equipment associated with a wireless facility.
“Personal wireless services” has the same meaning as provided in 47 U.S.C. §
332(c)(7)(C)(i), as may be amended, which defines the term as “commercial mobile
services, unlicensed wireless services, and common carrier wireless exchange access
services.”
“Public property” is commonly used as a designation of those things which are considered
owned by “the public,” the state or community, and not restricted to dominion of a private
person. It may also apply to any property owned by a state, nation, or municipality. It does
not include public right-of-way.
“Public right-of-way” means 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.
“Roof-mounted” or “building-mounted” antenna 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.
“Site” has the same meaning as provided in 47 C.F.R. § 1.6100(b)(6), as may be
amended, which provides that “[f]or towers other than towers in the public rights-of-way,
the current boundaries of the leased or owned property surrounding the tower and any
access or utility easements currently related to the site, and, for other eligible support
structures, further restricted to that area in proximity to the structure and to other
transmission equipment already deployed on the ground. The current boundaries of a site
are the boundaries that existed as of the date that the original support structure or a
modification to that structure was last reviewed and approved by a state or local
government, if the approval of the modification occurred prior to the Spectrum Act or
otherwise outside of the eligible facilities request process.”
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“Small wireless facility” has the same meaning as provided in 47 C.F.R. § 1.6002(l), as
may be amended, which defines that term as facilities that meet each of the following
conditions:
1. The facility:
a. Is mounted on structures 50 feet or less in height including their antennas as
defined in 47 C.F.R. § 1.1320(d); or
b. Is mounted on structures no more than 10% taller than other adjacent
structures; or
c. Does not extend existing structures on which they are located to a height of
more than 50 feet or by more than 10%, whichever is greater;
2. Each antenna associated with the deployment, excluding associated antenna
equipment (as defined in the definition of antenna in 47 C.F.R. § 1.1320(d)), is no
more than three cubic feet in volume;
3. All other wireless equipment associated with the structure, including the wireless
equipment associated with the antenna and any preexisting associated equipment
on the structure, is no more than 28 cubic feet in volume;
4. The facility does not require antenna structure registration under part 17 of this
Chapter;
5. The facility is not located on tribal lands, as defined under 36 C.F.R. § 800.16(x);
and
6. The facility does not result in human exposure to radio frequency radiation in
excess of the applicable safety standards specified in 47 CFR § 1.1307(b).
“Stealth facility” means any wireless 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.
“Substantial change” has the same meaning as provided in 47 C.F.R. § 1.6100(b)(7), as
may be amended, which defines that term as a substantial modification changing the
physical dimensions of an eligible support structure that meets any of the following
criteria:
1. For towers other than towers in the public rights-of-way, it increases the height of
the tower by more than 10% or by the height of one additional antenna array with
separation from the nearest existing antenna not to exceed twenty feet, whichever
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is greater; for other eligible support structures, it increases the height of the
structure by more than 10% or more than ten feet, whichever is greater;
a. Changes in height should be measured from the original support structure in
cases where deployments are or will be separated horizontally, such as on
buildings’ rooftops; in other circumstances, changes in height should be
measured from the dimensions of the tower or base station, inclusive of
originally approved appurtenances and any modifications that were approved
prior to the passage of the Spectrum Act.
2. For towers other than towers in the public rights-of-way, it involves adding an
appurtenance to the body of the tower that would protrude from the edge of the
tower more than twenty feet, or more than the width of the tower structure at the
level of the appurtenance, whichever is greater; 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;
a. For any eligible support structure, it involves installation of more than the
standard number of new equipment cabinets for the technology involved, but
not to exceed four cabinets; or, for towers in the public rights-of-way and base
stations, it involves installation of any new equipment cabinets on the ground if
there are no pre-existing ground cabinets associated with the structure, or else
involves installation of ground cabinets that are more than 10% larger in height
or overall volume than any other ground cabinets associated with the structure;
b. It entails any excavation or deployment outside of the current site, except that,
for towers other than towers in the public rights-of-way, it entails any excavation
or deployment of transmission equipment outside of the current site by more
than 30 feet in any direction. The site boundary from which the 30 feet is
measured excludes any access or utility easements currently related to the site;
c. It would defeat the concealment elements of the eligible support structure; or
d. It does not comply with conditions associated with the siting approval of the
construction or modification of the eligible support structure or base station
equipment, provided however that this limitation does not apply to any
modification that is non-compliant only in a manner that would not exceed the
thresholds identified in § 1.6100(b)(7)(i) through (iv).
“Tower” has the same meaning as provided in 47 C.F.R. § 1.6100(b)(9), as may be
amended, which defines that term as “[a]ny structure built for the sole or primary purpose
of supporting any [FCC]-licensed or authorized antennas and their associated facilities,
including structures that are constructed for wireless telecommunications services
including, but not limited to, private, broadcast, and public safety services, as well as
unlicensed wireless services and fixed wireless services such as microwave backhaul,
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and the associated site.” Examples include, but are not limited to, monopoles and lattice
towers. This definition does not include utility poles.
“Transmission equipment” has the same meaning as provided in 47 C.F.R. §
1.6100(b)(8), as may be amended, which defines that term as “[e]quipment that facilitates
transmission for any [FCC]-licensed or authorized wireless communications service,
including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and
regular and backup power supply. The term includes equipment associated with wireless
telecommunications services including, but not limited to, private, broadcast, public safety
services, as well as fixed wireless services, such as microwave backhaul.”
“Utility pole” means any structure designed to support electric, telephone, and similar
utility lines. A Tower is not a utility pole.
“Wireless facility” or “facility” 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).
17.120.040 Permit Requirements
A. Minor Modification Review. An application that qualifies as an eligible facilities request
or a California Government Code section 65850.6 colocation facility shall be subject
to minor modification review by the Director of Public Works in accordance with
Section 17.72.120.
B. 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.
C. 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.
D. 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.
17.120.050 Application Submittal Requirements; Consultants
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A. 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.
B. 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.
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:
A. 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:
1. For eligible facilities requests:
a. The proposed modification meets each and every one of the applicable criteria
for an eligible facilities request stated in 47 C.F.R. sections 1.6100(b)(3)–(9),
or any successor provisions, after application of the definitions in 47 C.F.R.
section 1.6100(b). The Director shall make an express finding for each criterion.
2. For California Government Code section 65850.6 colocations:
a. The wireless facility complies with all of the requirements of Section 65850.6 of
the California Government Code.
B. 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:
1. All findings for approval required for a Conditional Use Permit as specified in
Section 17.72.060; and
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2. The wireless facility complies with all applicable requirements of this Chapter, or
has met the requirements for a limited exception as outlined in Section 17.120.90.
17.120.070 Denial without Prejudice
A. Denial without prejudice. The denial of eligible facilities requests and California
Government Code section 65850.6 collocations shall be without prejudice.
B. 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 one hundred twentieth day that shows
good cause to grant the extension. Good cause for an extension shall include, without
limitation, delays due to circumstances outside the applicant’s reasonable control.
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 section 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.
A. Location Standards. Wireless facilities may be located in any zone within the City.
B. 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:
1. Stealth/Concealment. All wireless facilities must be designed as a stealth facility
to the maximum extent feasible. Stealth concealment techniques include, without
limitation:
a. Transmission equipment placed completely within existing or replacement
architectural features such that the installation causes no visible change in the
underlying structure;
b. 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;
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c. 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;
d. 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
e. Concealment elements, measures and techniques that mimic or blend with the
underlying structure, surrounding environment or adjacent uses. However, faux
trees are not preferred.
2. 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.
3. Setbacks. Wireless facilities shall be subject to all applicable setbacks in the
underlying zone.
4. 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.
5. 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.
6. 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.
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7. 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.
8. 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.
9. 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.
10. Compliance With Laws. All wireless facilities must be designed and sited in
compliance with all applicable Federal, State, regional, and local laws, regulations,
rules, restrictions and conditions, which includes without limitation the California
Building Standards Code, Americans with Disabilities Act, general plan and any
applicable specific plan, this Code and any conditions or restrictions in any permit
or other governmental approval issued by any public agency with jurisdiction over
the project.
11. 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
(j) shall be grounds for the City to order the immediate service termination of any
nonpermitted, noncomplying facility constructed within the City.
17.120.090 Limited Exceptions to Location, Design, and Development Standards
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A. 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:
1. Prohibit or effectively prohibit the provision of personal wireless services, within
the meaning of federal law; or
2. Violate applicable laws or regulations other than (1) above; or
3. Involve only minor noncompliance with a requirement, provided such
noncompliance either results in no increase in visual harms to the community or
provides other benefits.
B. To be considered, the applicant must request an exception at the time of application
submittal, and the applicant has the burden of proof.
C. If the 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.
17.120.100 Standard Conditions of Approval.
A. 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.
1. 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 section 65850.6 colocations facilities.
2. Compliance with Laws. The permittee shall at all times maintain compliance with
all applicable federal, state and local laws, regulations and other rules.
3. 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
Ordinance No. 1309
Page 15 of 21
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.
4. 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.
5. 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 (1) from any and all
damages, liabilities, injuries, losses, costs and expenses and from any and all
claims, demands, law suits, writs of mandamus and other actions or proceedings
brought against the City or its agents, officers, officials or employees to challenge,
attack, seek to modify, set aside, void or annul the City’s approval of the permit,
and (2) from any and all damages, liabilities, injuries, losses, costs and expenses
and any and all claims, demands, law suits or causes of action and other actions
or proceedings of any kind or form, whether for personal injury, death or property
damage, arising out of or in connection with the activities or performance of the
permittee or, if applicable, the private property owner or any of each one’s agents,
employees, licensees, contractors, subcontractors or independent contractors. In
the event the City becomes aware of any such actions or claims the City shall
promptly notify the permittee and the private property owner, if applicable, and
shall reasonably cooperate in the defense. It is expressly agreed that the City shall
have the right to approve, which approval shall not be unreasonably withheld, the
legal counsel providing the City’s defense, and the property owner and/or
permittee (as applicable) shall reimburse city for any costs and expenses directly
and necessarily incurred by the City in the course of the defense.
6. 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.
7. 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.
Ordinance No. 1309
Page 16 of 21
8. 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.
9. 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.
10. Build-out period. This permit shall lapse one year after its date of approval unless
one of the following has occurred:
a. A building permit has been issued, substantial money has been expended, and
construction diligently pursued; or
b. The wireless facility is constructed or modified as approved and in operation;
or
c. The build-out period is extended by the City authority which originally approved
the permit.
11. 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 (6) consecutive months or more.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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
Ordinance No. 1309
Page 17 of 21
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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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)
Ordinance No. 1309
Page 18 of 21
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 paragraph, 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 paragraph (22) 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.
22. Conditions of Approval for Eligible Facilities Requests. In addition to the foregoing
Standard Conditions of Approval (except 17.120.100(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:
a. 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.
b. 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.
c. 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.
23. Conditions of Approval for California Government Code Section 65850.6
Colocation Facilities. In addition to the foregoing Standard Conditions of Approval
(except 17.120.100(A)(1) which does not apply), any such colocation application
approved pursuant to this Chapter shall be subject to the following standard
conditions unless modified by the Director of Public Works:
a. No permit term extension. The City’s grant or grant by operation of law of a
permit for a Government Code Section 65850.6 colocation facility constitutes a
state-mandated modification to the underlying permit or approval for the subject
“wireless telecommunications colocation facility” (as defined in Cal. Gov. Code
Section 65850.6). The City’s grant or grant by operation of law of a permit for
Ordinance No. 1309
Page 19 of 21
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
colocation facility.
b. Permit subject to conditions of underlying permit. Permits for Government Code
Section 65850.6 colocation facility requests shall be subject to the terms and
conditions of the underlying permit for the existing wireless telecommunications
colocation facility.
SECTION 5. Section 17.16.020 (Definitions) of Chapter 17.16 (Definitions) of Title
17 (Zoning) is hereby amended, to replace the definition of “Public utilities”, to read as
follows:
"Public utilities" means facilities owned or operated by an entity that is not the City of
Vernon, that is subject to governmental regulation such as the California Public Utilities
Commission, and that provides an essential commodity or service such as water, power,
transportation, or communication to the public. It shall include electrical substations, water
or wastewater treatment plants, and similar facilities of public agencies or public utilities,
but shall not include wireless facilities and property used solely for telecommunications
antennae, cell towers wireless communications and related wireless transmission
equipment.
SECTION 6. Section 17.16.020 (Definitions) of Chapter 17.16 (Definitions) of Title
17 (Zoning) is hereby amended, to delete the definitions “Cell tower” and
“Telecommunications antenna” in their entirety.
SECTION 7. Section 17.22.020 (Permitted uses) of Chapter 17.22 (General
Industry (I) Zone) in Title 17 (Zoning) is hereby amended to delete subsection (E) in its
entirety. The remaining subsections to Section 17.22.020 shall be renumbered
alphabetically accordingly.
SECTION 8. Any provision of the Vernon Municipal Code or appendices thereto
inconsistent with the provisions of this ordinance, to the extent of such inconsistencies
and no further, is repealed or modified to that extent necessary to affect the provisions of
this ordinance.
SECTION 9. If any section, subsection, paragraph, sentence, clause, phrase, or
portion thereof, of this ordinance is declared by a court of competent jurisdiction to be
unconstitutional or otherwise invalid, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council declares that it would have adopted
this ordinance, and each section, subsection, paragraph, sentence, clause, phrase, or
portion thereof, irrespective of the fact that any one or more sections, subsections,
paragraphs, sentences, clauses, phrases, or portions thereof, be declared invalid or
unconstitutional. To this end, the provisions of this ordinance are declared to be
severable.
Ordinance No. 1309
Page 20 of 21
SECTION 10. The City Clerk, or Deputy City Clerk, shall certify the adoption and
publish this ordinance as required by law.
SECTION 11. This ordinance shall become effective after the thirtieth day following
its adoption.
APPROVED AND ADOPTED February 3, 2026.
LETICIA LOPEZ, Mayor
ATTEST:
GENOVEVA ROCHA, City Clerk
APPROVED AS TO FORM:
ZAYNAH MOUSSA-MILWARD,
City Attorney
Ordinance No. 1309
Page 21 of 21
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF VERNON )
I do hereby certify that the attached is a true copy of Ordinance No. 1309 that was
introduced by the City Council of the City of Vernon, California, at its Regular meeting of
January 20, 2026 and adopted at its Regular Meeting of February 3, 2026 by the following
vote:
AYES: Larios, Merlo, Rivera, Ybarra, Lopez
NOES:
ABSENT:
ABSTAIN:
________________________________
GENOVEVA ROCHA, City Clerk
1
2
7
2
City Council Agenda Report
Meeting Date:February 3, 2026
From:Genoveva Rocha, City Clerk
Department:City Clerk
Submitted by:Sandra Dolson, Deputy City Clerk
Subject
Zoning Code Amendments
Recommendation
A. Find that the proposed action is exempt from California Environmental Quality Act (CEQA)
review, because it has no potential to result in a direct or indirect physical change in the
Environment. The Ordinance does not authorize any specific development or installation on any
specific piece of property within the City’s boundaries. Moreover, when and if an application for
installation is submitted, the City will at that time conduct preliminary review of the application in
accordance with CEQA. Alternatively, even if the Ordinance is a “project” within the meaning of
State CEQA Guidelines Section 15378, the Ordinance is exempt from CEQA on multiple
grounds. First, the Ordinance is exempt from CEQA because approval of the Ordinance will not
result in the actual installation of any facilities in the City; therefore, it can be seen with certainty
that there is no possibility that the Ordinance may have a significant effect on the environment.
(State CEQA Guidelines, Section 15061(b)(3)). Alternatively, the Ordinance is categorically
exempt from CEQA under State CEQA Guidelines sections 15301 (existing facilities), 15302
(replacement or reconstruction), 15303 (new construction or conversion of small structures),
and/or 15304 (minor alterations to land); and
B. Adopt Ordinance No.1309 Amending Zoning Code to Regulate Wireless Telecommunication
Facilities.
Background
During the Regular City Council Meeting on January 20, 2026, the City Council introduced
Ordinance No. 1309 by title and waived further reading. This ordinance amends the Zoning Code
to regulate Wireless Telecommunication Facilities. It establishes regulations for these structures,
including design and development standards. The ordinance requires stealth or concealment
measures when installations occur on new or existing buildings and limits freestanding antennas
to a maximum height of 60 feet. Additionally, Ordinance No. 1309 mandates that new facilities
obtain an approved Conditional Use Permit (CUP), which will have an expiration date of 10 years
from the date of issuance.
The Summary of the Ordinance was posted on the City’s website on January 20, 2026, and
published on January 22, 2026, pursuant to legal requirements.
Fiscal Impact
The fiscal impact of publishing the Ordinance summary is estimated at $250. Sufficient funds are
available in the General Fund, City Clerk Department, Advertisement/Promotion Account No.
011-010-125-525000 for the current fiscal year.
Attachments
1. Ordinance No. 1309
2. Ordinance Summary Proof of Publication
This space for filing stamp only
OR #:
O R A N G E C O U N T Y R E P O R T E R
~ SINCE 1921 ~
600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542
Telephone (714) 543-2027 / Fax (714) 542-6841
PROOF OF PUBLICATION
(2015.5 C.C.P.)
State of Calif ornia )
County of Orange ) ss
Notice Type:
Ad Description:
I am a citizen of the United States and a resident of the State of California; I am
over the age of eighteen years, and not a party to or interested in the above
entitled matter. I am the principal clerk of the printer and publisher of the
ORANGE COUNTY REPORTER, a newspaper published in the English
language in the City of Santa Ana, and adjudged a newspaper of general
circulation as defined by the laws of the State of California by the Superior
Court of the County of Orange, State of California, under date of June 2, 1922,
Case No. 13,421. That the notice, of which the annexed is a printed copy, has
been published in each regular and entire issue of said newspaper and not in
any supplement thereof on the following dates, to-wit:
Executed on: 10/10/2004
At Los Angeles, California
I certify (or declare) under penalty of perjury that the foregoing is true and
correct.
Signature
HUNTINGTON PARK BULLETIN
1007 N SEPULVEDA BLVD STE 1357, MANHATTAN BEACH, CA 90266
(323) 556-5720 (213) 835-0584
PRE 4005460
GENOVEVA ROCHA
CITY OF VERNON CITY CLERK
4305 SANTA FE AVE
VERNON, CA - 90058
ORD - ORDINANCE PUBLICATION
Ordinance No. 1309 - Introduction
I am a citizen of the United States and a resident of the State of California; I am
over the age of eighteen years, and not a party to or interested in the above
entitled matter. I am the principal clerk of the printer and publisher of the
HUNTINGTON PARK BULLETIN, a newspaper published in the English
language in the city of HUNTINGTON PARK, county of LOS ANGELES, and
adjudged a newspaper of general circulation as defined by the laws of the State
of California by the Superior Court of the County of LOS ANGELES, State of
California, under date 06/14/1943, Case No. 485073. That the notice, of which
the annexed is a printed copy, has been published in each regular and entire
issue of said newspaper and not in any supplement thereof on the following
dates, to-wit:
01/22/2026
01/22/2026
LOS ANGELES
!A000007302160!
Email
INTRODUCTION SUMMARY
OF ORDINANCE NO.1309
An Ordinance of the City Council of the City of
Vernon,Amending Title 17 (Zoning)of the
Vernon Municipal Code to Regulate Wireless
Telecommunication Facilities.
Ordinance No.1309 was introduced by the
Vernon City Council at its regular meeting on
January 20,2026.Second reading and adoption
of the ordinance is scheduled for the Regular City
Council Meeting on February 3,2026,at City
Hall,4305 Santa Fe Avenue,Vernon,California.
The full text of Ordinance No.1309 is on file in
the City Clerk Department and accessible on the
City's website at www.cityofvernonca.gov.
Posted:Tuesday,January 20,2026
1/22/26
PRE-4005460#
HUNTINGTON PARK BULLETIN