Going the Distance: California City Drafts Small Cell Ordinance

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Novato, CA City Council is drafting an ordinance to regulate 5G and wireless telecommunications placement. Government Technology reported the “new rules” include restrictions near residential areas and schools. 

The rules seek to increase “public transparency,” addressing residents’ concerns regarding 5G small cell technology, potential health impacts, and reducing or eliminating electromagnetic exposure. City staff stressed that it’s limited in the extent it can regulate 5G and wireless technology based on federal regulations. 

According to Government Technology, the city can regulate how close 5G antennas can be placed near one another and proposes that small cells be at least 1,600 feet apart. The city is also presenting setback requirements at 1,600 feet from certain areas (schools and senior living centers) as long as they do not result in coverage gaps. The new rules will also dictate the facilities’ aesthetics, such as placing equipment underground. Additionally, the city wants telecoms to cover annual electromagnetic frequency inspection fees, ensuring there’s no activity within 1,600 feet of residential areas. 

Existing state law requires permits for small cells to have at least 10-year terms, allowing for shorter terms if specific findings can be proven, according to Assistant City Attorney Gary Bell. Under the new rules, the city aims to lower permit term lengths to fewer than 10 years, where possible. 

Currently, the city has between 60-to-90 days to respond to a project application depending on whether the request is for a new or existing facility. Although the city staff reviews applications, public hearings are not required. City staff members said no 5G applications are currently under consideration.

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