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Council questions batch-processing rules and neighborhood notice for small-cell installs

Piedmont City Council ยท October 21, 2024
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Summary

Councilmembers pressed staff on batch-processing limits (state cap of 25 sites for a city this size), whether the city can require setbacks from residences, and options to notify neighbors when ministerial permits are approved rather than proceed without notice.

Councilmembers spent extensive time probing the proposed batch-processing rules and neighborhood-notice options in the wireless study session.

Several councilmembers asked whether Piedmont can cap batch sizes smaller than the state-prescribed limit; the city attorney said the 25-site cap is a state-law requirement for a city of Piedmont's size and staff said the proposed code implements a 25-site cap consistent with state rules. Councilmembers also asked whether the city could adopt a design standard to require a minimum distance from residences; staff responded that federal eligibility criteria (and FCC rulemaking) limit denial on RF and distance grounds but that the city can craft its design standards so that facilities that would be too visually intrusive or too close would not qualify for ministerial review and therefore would be routed to a public hearing with notice.

Councilmembers asked staff to research fee structures that could reflect processing larger batches and to clarify notice options when an installation proceeds by ministerial approval; staff said they will research legal constraints and options for administrative notification or public notices that inform neighbors in advance of construction.