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Piedmont staff propose stealth design standards, ministerial permits and a 5-day appeal to city administrator

Piedmont City Council ยท October 21, 2024
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Summary

Staff proposed strict concealment and permit-process changes for wireless facilities: concealed antennas/equipment, ministerial approval for compliant designs, director/planning-commission reviews for nonconforming applications, and appeals to the city administrator within five days to meet federal shot clocks.

City staff presented proposed stealth-design rules that would require antennas, conduits and related equipment to be shrouded and to match the color and texture of the supporting structure, and to meet Piedmont Public Works detail standards.

Associate Planner Gopika Nair described ministerial processing for applications that strictly meet the city's design standards, which would allow applicants meeting the standards to proceed directly to building and encroachment permits without a planning hearing. "Permits that adhere to our newly drafted design standards and guidelines will undergo a streamlined and expedited review by staff," she said. Applications that do not conform would be subject to director or planning commission review; appeals of director or planning commission decisions would be filed to the city administrator within five days. Staff noted examples of concealed installations (including in front of Piedmont Park and on private property such as the Piedmont Community Church) and recommended prohibiting underground vaults for radios and accessory equipment because of ventilation, noise and trip-hazard concerns, although staff said they could revisit that prohibition if carriers push back.

Staff also said the city can regulate collocation to preserve concealment, citing recent Ninth Circuit authority allowing aesthetics-based regulation, and encouraged larger public-property installations that can accommodate multiple carriers to reduce small-site proliferation. The council asked staff to refine wording on ministerial versus design-review thresholds and to return with legal analysis on whether setback-like distance criteria can be included in design standards.