(A) Purpose. To provide a uniform and comprehensive set of standards for the development and installation of facilities related to telecommunication facilities in order to accommodate the needs of residents and businesses while protecting the public health, safety, and welfare, and the aesthetic quality of the community, consistent with the goals, objectives, and policies of the General Plan, while providing for managed development of telecommunication infrastructure in compliance with the Federal Telecommunications Act of 1996 and related requirements in state law. The specific objectives of this section are to:
(1) Prevent the emergence and proliferation of visual blight along visually significant or visually sensitive corridors within the City of Alhambra;
(2) Recognize the rights of wireless facilities operators and wireless transmission devices under federal law and state law, and harmonize those with the city's interest;
(3) Encourage users of wireless facilities and wireless transmission devices to locate such equipment in areas where any adverse impacts on the community are optimally mitigated and, where possible, encourage users of wireless facilities to collocate those facilities with existing wireless facilities;
(4) Encourage users of wireless facilities, which include accessory equipment, to configure such equipment in a manner that minimizes their adverse visual impact;
(5) Encourage the managed and aesthetically sensitive development of wireless facilities in the city; and
(6) Ensure that approved wireless facilities, wireless transmission devices and related accessory equipment and support structures are constructed and operated in a safe and legally compliant manner.
(B) Definitions. All words and phrases defined below and found in this section shall be used in the context of the definitions of this section. Other general terms, unless otherwise defined, shall have the meanings assigned to them in Chapter 23.35.
ANTENNA. Any system of wires, poles, rods, horizontal or vertical elements, panels, reflecting discs, or similar devices used for the transmission and/or reception of electromagnetic waves.
CO-LOCATION. The location of two or more wireless communications facilities owned or used by more than one public or private entity on a single support structure, or otherwise sharing a common location. CO-LOCATION also includes the location of wireless communications facilities with other facilities, such as buildings, water tanks, light standards, and other utility facilities and structures.
MAST. A pole of wood or metal or a tower fabricated of metal that is used to support an antenna and maintain it at the proper elevation.
MULTI-USER TELECOMMUNICATION FACILITY. A telecommunication facility comprised of multiple telecommunication towers or buildings supporting one or more antennas owned or used by more than one public or private entity, excluding research and development industries with antennas serving internal company uses only.
NON-STEALTH FACILITY. Means any telecommunication facility not camouflaged in a readily apparent manner to blend with surrounding land uses and features. The design does not conceal the intended use of the facility and incorporates no readily apparent elements of stealth technology or design. A standard monopole with equipment cabinets aboveground and unscreened would be considered non-stealth.
PERSONAL COMMUNICATIONS SERVICES (PCS). Digital wireless telephone technology such as portable phones, pagers, faxes, and computers. PCS is also sometimes known as Personal Communication Network (PCN).
SATELLITE DISH. A device (also known as a parabolic antenna) incorporating a reflective surface that is solid, open, or mesh or bar-configured, and is in the shape of a shallow dish, cone, horn cornucopia, or flat plate that is used to receive or transmit radio or electromagnetic waves between terrestrially and/or orbitally based units. This term includes satellite earth stations, satellite receivers, satellite discs, direct broadcast systems, television-reception-only systems, and satellite microwave antennas.
STEALTH FACILITY. Means any telecommunication facility camouflaged or designed to substantially blend into the surrounding environment, land uses, and features by, among other things, architecturally integrating into a structure or otherwise using design elements to conceal antennas, antenna supports, poles, equipment, cabinets, equipment housing and enclosure, and related above-ground accessory or support equipment; minimize aesthetic impact on adjacent uses; and conceal the intended use and appearance of the structures.
SUPPORT EQUIPMENT. The physical, electrical, and/or electronic equipment included within a telecom facility used to house, power, transport, and/or process signals from or to the facility's antenna or antennas.
TOWER. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas.
TOWER, LATTICE. A multiple-sided, open, metal frame support structure that supports antennas and related equipment, typically with three or four support legs.
(C) Applicability and exemptions. The requirements of this section apply to all telecommunication facilities that transmit and/or receive electromagnetic signals, including but not limited to personal communications services (cellular and paging) and radio and television broadcast facilities. The requirements apply to telecommunication facilities that are the primary use of a property and those that are accessory facilities, except that the following facilities are exempt:
(1) Licensed amateur (ham) radio and citizen band operations.
(2) Hand-held, mobile, marine, and portable radio transmitters and/or receivers.
(3) Emergency services radio.
(4) Radio and television mobile broadcast facilities.
(5) Antennas and equipment cabinets or rooms completely located inside of permitted structures.
(6) A single ground- or building-mounted receive-only radio or television antenna not exceeding the maximum height permitted by this code, including any mast, or a receive-only radio or television satellite dish antenna, subject to the following restrictions:
(a) Residential Districts.
1. Satellite dish one meter or less. A satellite dish that does not exceed one meter in diameter, is not located within a required front or street side setback or in front of the primary structure, and for the sole use of a resident occupying the same residential parcel is permitted so long as it does not exceed the height of the ridgeline of the primary structure on the same parcel.
2. Satellite dish greater than one meter. A satellite dish that is greater than one meter in diameter, is not located within a required setback, and is screened from view from any public right-of-way and adjoining property.
3. Antennas. An antenna that is mounted on any existing building or other structure that does not exceed 25 feet in height. The antenna shall be for the sole use of a resident occupying the same residential parcel on which the antenna is located.
(b) Non-residential districts.
1. Satellite dish two meters or less. A satellite dish that does not exceed two meters in diameter is permitted on a lot in a non-residential district so long as it is not located within a required front or street side setback or in front of the primary structure.
2. Satellite dish greater than two meters. A satellite dish that is greater than two meters in diameter that is not located within a required setback and is screened from view from any public right-of-way and adjoining property.
3. Mounted antennas. An antenna that is mounted on any existing building or other structure when the overall height of the antenna and its supporting tower, pole or mast does not exceed a height of 25 feet or is completely screened by the parapet or other roof elements of the building.
4. Freestanding antennas. A freestanding antenna and its supporting tower, pole, or mast that complies with all applicable setback requirements when the overall height of the antenna and its supporting structure does not exceed a height of 25 feet.
(c) Undergrounding required. All wires and/or cables necessary for operation of an antenna shall be placed underground or attached flush with the surface of the building or the structure of the antenna.
(7) Any antenna or wireless communications facility that is exempt from local regulation pursuant to the rules and regulations of the Federal Communications Commission (FCC) or a permit issued by the California Public Utilities Commission (CPUC). The owner or operator of such facility shall provide the Community Development Director with a copy of a current FCC or CPUC permit or a copy of applicable FCC regulations prior to its installation.
(8) Minor modifications to existing wireless facilities, including replacement in-kind or with smaller or less visible equipment, that meet the standards set forth in this section and will have little or no change in the visual appearance of the facility.
(D) Permit requirements. Telecommunication facilities shall comply with the following permit requirements and any other permit requirements stipulated by this code or applicable laws, regulations, and Building Codes of other governmental agencies having jurisdiction over the facility.
(1) Replacement, removal, or co-location of transmission equipment (eligible facilities request, § 6409 of the Middle Class Tax Relief and Job Creation Act of 2012). The co-location of new transmission equipment, removal of transmission equipment, or the replacement of transmission equipment is permitted by right provided the modification of an existing tower or base station that
does not substantially change the physical dimensions of such tower or base structure, including an electric utility pole erected to replace an existing electric utility pole, if the replacement pole will serve both electric and wireless communications functions, and if the replacement pole is substantially equivalent to the predecessor pole in placement, height, diameter, and profile.
(2) Stealth facilities. Stealth facilities in which the antenna and the support equipment are hidden from view in a structure or concealed as an architectural feature, are permitted by right in the I Zone. Stealth facilities in all other non-residential zoning districts are subject to minor use permit approval, and stealth facilities in Residential Zoning Districts are subject to conditional use permit approval.
(3) Non-stealth facilities. Permitted in non-residential zoning districts subject to conditional use permit approval. Not permitted in Residential Zoning Districts.
(4) Co-located facilities. Permitted by right when proposed to be co-located on a facility that was subject to a discretionary permit issued on or after January 1, 2007 and an environmental impact report was certified, or a negative declaration or mitigated negative declaration was adopted for the wireless telecommunication collocation facility in compliance with the California Environmental Quality Act and the collocation facility incorporates required mitigation measures specified in that environmental impact report, negative declaration, or mitigated negative declaration.
(E) Standards. Telecommunication facilities shall be located, developed, and operated in compliance with all of the following standards and with applicable standards of the zoning district in which they are located.
(1) Location and siting.
(a) No new freestanding facility, including a tower, lattice tower, or monopole, shall be located within 1,000 feet of another freestanding facility, unless mounting on a building or co-location on an existing pole or tower is not feasible and appropriate camouflage techniques have been used to minimize the visual impact of the facility to the extent feasible.
(b) Telecommunication facilities shall meet the setback requirements of the zoning district which they are located.
(c) When feasible, providers of personal wireless services shall co-locate facilities in order to reduce adverse visual impacts. The Community Development Director may require co-location or multiple-user wireless telecommunication facilities based on a determination that it is feasible and consistent with the purposes and requirements of this section.
(d) When determined to be feasible and consistent with the purposes and requirements of this section, the Community Development Director shall require the applicant to make unused space available for future co-location of other telecommunication facilities, including space for different operators providing similar, competing services.
(2) Support structures. Support structures for telecommunication facilities may be any of the following:
(a) An existing non-residential building.
(b) An existing structure other than a building, including, but not limited to, light poles, electric utility poles, water towers, smokestacks, billboards, lattice towers, and flag poles.
(c) An alternative tower structure such as a clock tower, steeple, functioning security light pole, functioning recreational light pole, or any
similar alternative-design support structure that conceals or camouflages the telecommunication facility. The term "functioning" as used herein means the light pole serves a useful and appropriate lighting function as well as a wireless communications function.
(d) Existing publicly-owned and operated monopole or a lattice tower exceeding the maximum height limit.
(e) A single pole (monopole) sunk into the ground and/or attached to a foundation. Any new monopole shall be constructed to allow for co-location of at least one other similar communications provider.
(f) A monopole mounted on a trailer or a portable foundation if the use is for a temporary communications facility.
(3) Height requirements.
(a) Freestanding antenna or monopole. All free-standing antennas, monopoles, and lattice towers shall be designed to be the minimum functional height and width required to support the proposed antenna installation, unless it can be demonstrated that a higher antenna, monopole, or tower will facilitate co-location. A freestanding antenna or monopole shall not exceed the height limit of the zoning district in which it is located or 60 feet, whichever is less.
(b) Building-mounted facilities. Telecommunication facilities mounted on buildings shall not exceed a height of ten feet above the height limit of the district or ten feet above the existing height of a legally established building, whichever is lower, measured from the top of the facility to the point of attachment to the building.
(c) Facilities mounted on structures. Telecommunication facilities mounted on an existing structure shall not exceed the height of the existing structure unless camouflaged as part of the structure design, except antennas may extend up to ten feet above the height of an electric utility pole.
(d) Facilities mounted on light poles. A functioning security light pole or functioning recreational light pole shall have a height consistent with existing poles in the surrounding area or height usually allowed for such light poles.
(4) Design and screening. Telecommunication facility structures and equipment shall be located, designed, and screened to blend with the existing natural or built surroundings, as well as any existing support structures, so as to reduce visual impacts to the extent feasible.
(a) Stealth facilities. State of the art stealth design technology shall be utilized as appropriate to the site and type of facility. Where no stealth design technology is proposed for the site, a detailed analysis as to why stealth design technology is physically and technically infeasible for the project shall be submitted with the application.
(b) Other facility types. If a stealth facility is not feasible, the order of preference for facility type is, based on their potential aesthetic impact: façade-mounted, roof-mounted, ground-mounted, and free-standing tower or monopole. A proposal for a new ground-mounted or free-standing tower shall include factual information to explain why other facility types are not feasible.
(c) Camouflage design. Telecommunication facilities that are mounted on buildings or structures shall be designed to match existing architectural features, incorporated in building design elements, camouflaged, or otherwise screened to minimize their appearance in a manner that is compatible with the architectural design of the building or structure.
(d) Equipment cabinets. Equipment cabinets shall be located within the building upon which antennae are placed, if technically feasible. Otherwise, equipment cabinets, buildings, and associated equipment such as air conditioning units and emergency generators, shall be screened from
view by a wall or landscaping, as approved by the city. Any wall shall be architecturally compatible with the building or immediate surrounding area.
(e) Landscaping. Landscaping shall be provided for and maintained to screen any ground structures or equipment visible from a public right-of-way.
(f) Lighting. Artificial lighting of a telecommunication facility, including its components, is prohibited, unless required by the Federal Aviation Administration. A motion-sensor light may be used for security purposes if the beam is directed downwards, shielded from adjacent properties, and kept off except when personnel are present at night.
(g) Advertising. No advertising shall be placed on telecommunication facilities, equipment cabinets, or associated structures.
(5) Security features. All facilities shall be designed to minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous conditions, visual blight, or attractive nuisances.
(a) Fencing. Security fencing, if any, shall not exceed the fence height limit of the base district. Fencing shall be effectively screened from view through the use of landscaping. No chain link fences shall be visible from public view.
(b) Maintenance. The permittee shall be responsible for maintaining the site and facilities free from graffiti.
(6) Radio frequency standards, interference, and noise.
(a) Radio frequency. Telecommunication facilities shall comply with federal standards for radio frequency emissions and interference. Failure to meet federal standards may result in termination or modification of the permit.
(b) Interference. Telecommunications facilities shall not interfere with public safety radio communications.
(c) Noise. Telecommunication facilities and any related equipment, including backup generators and air conditioning units, shall not generate noise in excess of the limits established in Chapter 18.02 of the Municipal Code. Backup generators shall only be operated during power outages and for testing and maintenance purposes. Testing and maintenance shall be scheduled and conducted in such a manner that is the least disruptive to surrounding land uses.
(7) Co-location. The applicant and owner of any site on which a telecommunication facility is located shall cooperate and exercise good faith in co-locating telecommunication facilities on the same support structures or site. Good faith shall include sharing technical information to evaluate the feasibility of co-location, and may include negotiations for erection of a replacement support structure to accommodate co-location. A competitive conflict to co-location or financial burden caused by sharing information normally will not be considered as an excuse to the duty of good faith.
(a) All facilities shall make available unused space for co-location of other telecommunication facilities, including space for these entities providing similar, competing services. Co-location is not required if the host facility can demonstrate that the addition of the new service or facilities would impair existing service or cause the host to go offline for a significant period of time. In the event a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the city may require the applicant to obtain a third party technical study at applicant's expense. The city may review any information submitted by applicant and permittee(s) in determining whether good faith has been exercised.
(b) All co-located and multiple-user telecommunication facilities shall be designed to promote facility and site sharing. Telecommunication towers and necessary appurtenances, including but not limited to parking areas, access roads, utilities, and equipment buildings, shall be shared by site users whenever possible.
(c) No co-location may be required where it can be shown that the shared use would or does result in significant interference in the broadcast or reception capabilities of the existing telecommunication facilities or failure of the existing facilities to meet federal standards for emissions.
(d) Failure to comply with co-location requirements when feasible or cooperate in good faith as provided for in this section is grounds for denial of a permit request or revocation of an existing permit.
(8) Fire prevention and emergency response. All telecommunication facilities shall be designed and operated in a manner that will minimize the risk of igniting a fire or intensifying one that otherwise occurs.
(a) At least one-hour fire resistant interior surfaces shall be used in the construction of all buildings.
(b) The exterior walls and roof covering of all above-ground equipment shelters and cabinets shall be constructed of materials rated as non-flammable in the Building Code.
(c) Monitored automatic fire extinguishing systems shall be installed in all equipment buildings and enclosures.
(d) Openings in all above-ground equipment shelters and cabinets shall be protected against penetration by fire and wind-blown embers to the extent feasible.
(e) Address signs shall be installed in conformance with Fire Chief's requirements at the entrance off the public way, where needed to provide direction along the access road, and at the facility itself.
(f) A permanent, weather-proof, facility identification sign shall be placed on the gate in the fence or wall around the equipment building, or if there is no fence or wall, next to the door to the equipment shed itself. Said sign shall identify the facility operator and specify a 24-hour telephone number at which the operator can be reached.
(9) Surety bond. As a condition of approval, an applicant for a building permit to erect or install a telecommunication facility shall be required to post a cash or surety bond in a form and amount acceptable to the City Attorney to cover removal costs of the facility in the event that its use is abandoned or the approval is otherwise terminated.
(F) Required findings.
(1) General findings. In approving a telecommunication facility, the Review Authority shall make the following findings:
(a) The proposed use conforms with the specific purposes of this section and any special standards applicable to the proposed facility;
(b) The applicant has made good faith and reasonable efforts to locate the proposed facility on a support structure other than a new ground-mounted antenna, monopole, or lattice tower or to accomplish co-location;
(c) The proposed site results in fewer or less severe environmental impacts than any feasible alternative site; and
(d) The proposed facility will not be readily visible or it is not feasible to incorporate additional measures that would make the facility not readily visible.
(2) Additional findings for facilities not co-located. To approve a telecommunication facility that is not co-located with other existing or proposed facilities, or a new ground-mounted antenna, monopole, or lattice tower, the Review Authority shall find that co-location or siting on an existing structure is not feasible because of technical, aesthetic, or legal consideration including that such siting:
(a) Would have more significant adverse effects on views or other environmental considerations;
(b) Is not permitted by the property-owner;
(c) Would impair the quality of service to the existing facility; or
(d) Would require existing facilities at the same location to go off-line for a significant period of time.
(3) Additional findings for setback reductions. To approve a reduction in setback, the Review Authority shall make one or more of the following findings:
(a) The facility will be co-located onto or clustered with an existing, legally established telecommunication facility; and/or
(b) The reduced setback enables further mitigation of adverse visual and other environmental impacts than would otherwise be possible.
(4) Additional findings for any other exception to standards. The Planning Commission may waive or modify requirements of this section upon finding that strict compliance would result in noncompliance with applicable federal or state law.
(G) Vacation and removal of facilities.
(1) A carrier using facilities within the city shall provide the city with a copy of the notice to the FCC or California Public Utilities Commission of intent to cease operations at the time such notice is filed.
(2) The operator of a telecommunications facility shall remove all unused or abandoned equipment, antennas, poles, or towers within one year of discontinuation of the use and, if there are no active providers on the facility, the site shall be restored to its original, pre-construction condition.
(3) If the facilities are not removed within one year, or other period of time as determined in writing by the city, the city may have the facilities removed at the owner's or carrier's expense, provided, however, that recovery of expenses shall be limited to the reasonable and documented costs of removal.
(4) All costs incurred by the city to undertake any work required to be performed pursuant to this section shall be borne solely by the applicant.
(Ord. 4823, passed 1-22-24)