Palo Alto restores architectural‑review step for larger small‑cell proposals and directs gap studies on setbacks

The Palo Alto City Council voted unanimously on May 19 to adopt a temporary ordinance restoring discretionary architectural review for mid‑sized wireless communications facilities in the public right‑of‑way and removing the city’s objective design standards for some tier 2 installations, a step council members said is intended to bring more public transparency and design scrutiny to how small‑cell equipment is sited.

Jonathan Lake, the city’s director of planning and development services, told the council the ordinance would “remove the objective standards for tier 2, remove the objective standards for wireless communication facilities in the public right of way, and restore the architectural review board process for tier 2 and tier 3 applications in the right of way.” He cautioned staff about meeting federal shot‑clock timelines and the potential for increased workload if many tier 2/3 applications arrive at once.

The ordinance was the focal point of extended public comment, with dozens of residents, design professionals and labor and industry representatives speaking to the council. Speakers favoring the change urged restoration of ARB review and more public hearings; United Neighbors and other community groups emphasized visual impacts and asked the city to prioritize locating antennas further from homes. Jeanne Fleming, representing United Neighbors, told council members: “Please require applicants to locate their cell towers as far as possible from homes, preferably 100 feet,” and also asked the council to require independent technical review when carriers assert technical infeasibility.

Industry representatives urged the council to retain objective standards and cautioned about delay and uncertainty. Paul Albritton, outside counsel for Verizon, said objective standards give cities flexibility and predictable review and noted the planning director already has discretion to refer applications to ARB. AT&T’s representative told council members that subjective standards had generated multiple rounds of design changes and uncertainty in earlier ARB proceedings.

After debate the council approved a motion that: (1) adopted the temporary ordinance restoring ARB review for tier 2 and tier 3 right‑of‑way installations and repealed the objective standards in the municipal resolution; (2) directed the Architecture Review Board to review existing objective and prior subjective standards and return recommendations; and (3) asked staff to seek a consultant to study feasible setback distances from residences and other sensitive uses and to return recommendations “to the extent permissible by law.” Mayor Ed Lauing, co‑author of the colleagues memo that prompted the council item, said: “It’s clearly time to review and update the standards being used for cell towers.”

Council members and legal staff noted that federal law and FCC shot‑clock rules constrain local decision‑making on radiofrequency exposure and timetables for review; staff and outside attorneys also advised the council on practical processes to avoid running afoul of federal statutory limits. The temporary ordinance will be effective for two years while staff, ARB and the Planning & Transportation Commission consider a permanent replacement. The council recorded a unanimous roll‑call vote in favor of the ordinance.