The Rolling Hills Planning Commission on Oct. 17 reviewed a proposed update to the city’s wireless-facilities ordinance and continued the item to the commission’s Nov. 21 meeting to allow more coordination with the Rolling Hills Community Association and carrier representatives.

Bennett, the city’s wireless attorney with BBK, briefed the commission on federal and state constraints — including FCC shot clocks, federal case law and state statutory limits — that restrict some kinds of local regulation. He said the city cannot adopt regulations that have the effect of prohibiting wireless service, cannot deny an application on the basis of compliance with FCC RF-emission standards, and faces strict timelines (the so-called shot clocks) after which an application may be deemed approved if not timely processed. Bennett described proposed code changes that would create three permit types (conditional-use permits, zone clearances and temporary-use permits), an updated application form, standard conditions of approval, and location and design standards, including a proposed 10-foot setback from driveways to reduce visual clutter and safety concerns.

City staff and the consultant said the draft initially placed more application types under administrative director review but was revised after commissioner direction to move most 90-day and 150-day shot-clock application types to planning-commission review. Staff also explained an exception process for design standards and an approach that favors attaching equipment to existing poles rather than installing new poles.

Several residents and members of the Rolling Hills Community Association (RHCA) addressed the commission. Fred Lohrigh (speaking as a resident) urged the commission to avoid adopting location and design rules that would “tie our hands” before the association and the city have coordinated; he asked the city to pause strict design limits until HOA counsel and the city’s counsel meet with carrier representatives so the two bodies do not inadvertently restrict an HOA’s proprietary easement rights. Fred said (as an individual) that the association holds exclusive easement rights on many parcels that historically were used for carrier sites and warned the commission that the HOA’s property-rights position differs from the city’s regulatory role. Another resident said the community strongly desires improved coverage for safety and daily use and urged minimal barriers to deployment. A separate commenter raised health and ecological concerns about wireless installations.

Multiple participants — commissioners, residents and the city’s attorney — emphasized the tension between local aesthetic control and federal/state preemption. Commissioners discussed whether to increase the proposed 10-foot driveway buffer; Bennett advised a narrow standard is easier to justify as both an aesthetic and safety rule and warned that a larger buffer could be more vulnerable to legal challenge. The commission voted to continue the item to Nov. 21 to allow further discussions among the city, RHCA representatives and carrier counsel and to return with any recommended refinements.

The staff presentation and the attorney’s slides identify key policy constraints (telecommunications law, FCC orders including the 2018 small-cell order and subsequent litigation and state statutes that impose deemed-approved remedies and fee limitations). Staff signaled they will meet with RHCA representatives and carrier counsel, and the item will return at the Nov. 21 meeting with any agreed changes or recommendations for council.