Cities are bound by federal and state laws to allow small cell installations; thus, San Mateo staff developed an ordinance to govern small cell installations to the extent possible. According to California’s Public Utilities Code (PUC 7901), companies defined as telephone corporations can have installations in the public right-of-way, but municipalities "shall have the right to exercise reasonable control as to the time, place, and manner in which roads, highways, and waterways are accessed."

Radio frequency emissions levels are currently preemptively regulated by the Federal Communications Commission (FCC) per the Telecommunications Act of 1996 (47 U.S.C § 332(c)(7)(B)(iv)). Cities can require applicants to meet the FCC standards, but cannot require lower radio frequency emission. Furthermore, Cities cannot prohibit or have the effect of prohibiting small cells.

The Public Works Commission (now the Sustainability & Infrastructure Commission) considered the draft ordinance during public hearings on October 11, 2017 and March 14, 2018 and discussed the City’s ability to enact a moratorium on small cell applications on April 11, 2018. A study session was held on May 9, 2018 to answer questions from the public. On May 30, 2018, the Commission held a final public hearing and voted to recommend that the City Council enact the draft ordinance. Council conducted the first reading of the ordinance on June 8, 2018, and after minor revisions, approved the ordinance on July 16, 2018.

In 2024, the City moved forward with further amendments to the Ordinance and adoption of a City Policy for small cells in the public right-of-way. A study session was held on May 6, 2024 to receive guidance and direction from City Council on how to amend the Ordinance and draft a City Policy. On October 23, 2024, the Commission held a study session reviewing the first draft of the Ordinance amendment and draft City Policy. City Council introduced the Ordinance amendment and adopted the City Policy, with a minor revision, at the regular meeting held on on November 18, 2024. The Ordinance was adopted by City Council on December 9, 2024 and became effective on January 8, 2025.

2024 Ordinance and City Policy

Applications submitted after November 18, 2024 are subject to the Adopted City Policy. Applications submitted after January 8, 2025 will also be subject to the amended Ordinance.

• Small Wireless Facilities Ordinance [effective January 8, 2024]
• San Mateo Municipal Code Ch 17.10
• City Policy [adopted Nov 2024]

Ordinance Development Timeline

2024 Meetings

• December 9, 2024 - City Council
  • Adopted the Ordinance amendment as Ordinance 2024-12.
• November 18, 2024 - City Council 
  • Introduced the proposed Ordinance amendment and adopt the proposed City Policy.
  • Adopted City Policy for Small Cells in the Right-of-Way as Resolution 2024-107.
  • Presentation by Jay Yu, P.E., Engineering Manager. (Video begins at 1:29:34)
• October 23, 2024 - Sustainability & Infrastructure Commission 
  • Study session reviewing the first drafts of the Ordinance amendment and the proposed City Policy.

• May 6, 2024 - City Council 
  • Study session providing direction for amending the Ordinance and creating a City Policy for Small Wireless Facilities in the public right-of-way.

2023 Meetings

• December 13, 2023 - Sustainability & Infrastructure Commission
  • A presentation and informational session about wireless telecommunications law, small cell facilities, AB 965, and related matters and best practices.
  • Presentation by Dr. Jonathan Kramer from Telecom Law Firm PC. (Video begins at 15:44)

2022 Meetings

• February 27, 2022 - City Council 
  • Approve a Master License Agreement for Use of City Owned Poles with Crown Castle Fiber LLC. 

2021 Meetings

• October 13, 2021 - Sustainability & Infrastructure Commission
  • Review the proposed Master License Agreement for Use of City Owned Poles with Crown Castle Fiber LLC, provide comments to staff, and make a recommendation to the City Council.
• July 19, 2021 - City Council
  • Adopt a Resolution to approve the Design Standards and Application Requirements, authorize the Director of Public Works to make future revisions to the Design Standards, as necessary, to comply with applicable rules and laws, and amend the Wireless Communications Facilities Permit fee in the Adopted Comprehensive Fee Schedule for fiscal year 2021-22.
  • 2021 Wireless Ordinance 
  • 2021 Design Standards and Application Requirements 
• June 7, 2021 - City Council
  • Introduce an Ordinance to amend Chapter 17.10, “Wireless Communication Facilities in the Public Right-of-Way”, to the San Mateo Municipal Code Title 17 “Streets and Sidewalks” and review the proposed Design and Engineering Standards and Application Requirements.
• April 14, 2021- Sustainability & Infrastructure Commission 
  • Discuss and review revisions to San Mateo Municipal Code (SMMC) Chapter 17.10 "Wireless Communications Facilities in the Public Right-Of-Way" and Design Standards and Application Requirements for Wireless Communications Facilities and recommend approval to the City Council.
• March 10, 2021- Sustainability & Infrastructure Commission
  • 5G Wireless Communications Facilities Permit Applications – Exception from Design Standards. Public hearing to consider 5G minor wireless permit applications and approve the applications.

2020 Meetings

• May 4, 2020 – City Council
  • Approve a Master License Agreement with ExteNet Systems, LLC to allow small cell installations on City owned poles.
• March 11, 2020 - Sustainability & Infrastructure Commission
  • Review the proposed Master License Agreement for use of City Owned Poles with ExteNet Systems, provide comments to staff, and make a recommendation to the City Council.

2019 Meetings

• September 15, 2019 – City Council
  • Approve a Master License Agreement with AT&T for the use of City-owned poles
• July 10, 2019 - Sustainability & Infrastructure Commission 
  • Review the proposed Master License Agreement for Use of City Owned Poles with AT&T, provide comments to staff, and make a recommendation to the City Council.
• March 18, 2019 - City Council 
  • Approve Master License Agreement for use of City Owned Poles with Verizon.
• February 13, 2019 – Sustainability & Infrastructure Commission 
  • Review the proposed Master License Agreement for Use of City Owned Poles with Verizon, provide comments to staff, and make a recommendation to the City Council.

2018 Meetings

• October 10, 2018 – Sustainability & Infrastructure Commission
  • Update Regarding New FCC Order and Wireless Telecommunications Permit Applications for Use of Public Right-of-Way and Consideration of Use of Master License Agreement Template for Use of City Poles for Wireless Facilities Agreement
• September 12, 2018 - Sustainability & Infrastructure Commission 
  • Informational presentation on the City of San Mateo’s new Municipal Code Chapter 17.10, “Wireless Communication Facilities in the Public Right-of-Way” ordinance, and the Design and Engineering Standards and Application Requirements.
• July 16, 2018 - City Council
  • Adopt an Ordinance to add Chapter 17.10, “Wireless Communication Facilities in the Public Right-of-Way”, to the San Mateo Municipal Code Title 17 - “Streets and Sidewalks”, adopt a Resolution to approve the standard conditions of approval and amend the Encroachment Permit Fee in the Adopted Comprehensive Fee Schedule for fiscal year 2018-19 and review the proposed Design and Engineering Standards and Application Requirements, Including Standard Conditions of Approval.
  • 2018 Wireless Ordinance (2018-5)
  • 2018 Design and Engineering Standards and Application Requirements
• June 18, 2018 - City Council
  • Introduce an Ordinance to add Chapter 17.10, “Wireless Communication Facilities in the Public Right-of-Way”, to the San Mateo Municipal Code Title 17 “Streets and Sidewalks” and review the proposed Design and Engineering Standards and Application Requirements.
• May 30, 2018 - Public Works Commission
  • Review the proposed ordinance and standards for Wireless Telecommunications Facilities in the Public Right of Way, including application requirements and standard conditions of approval, and make a recommendation to the City Council.
  • Presentation by Bill Hammond, P.E. on telecommunications and radio waves (Video begins at 27:25).
• May 9, 2018 - Public Works Commission 
  • Study Session on Wireless Telecommunications Facilities in the Public Right of Way
• April 11, 2018 - Public Works Commission
  • Study Session on the City’s ability to impose a moratorium on small cell installations
• March 14, 2018 - Public Works Commission
  • Review the proposed ordinance for Wireless Telecommunications Facilities in the Public Right of Way and recommend approval to the City Council to Introduce the Ordinance

2017 Meetings

• October 11, 2017 - Public Works Commission
  • Review the proposed ordinance for Wireless Telecommunication Facilities in the Public Right of Way and recommend approval to the City Council.