18.38.060   ANTENNAS – TELECOMMUNICATIONS.
   .010   Purpose.  The purpose of this section is to provide placement, design and screening criteria for wireless communication facilities, in order to protect the public health, safety, general welfare and quality of life in the City of Anaheim, consistent with the policy direction in the Anaheim General Plan, while preserving the rights of wireless communication providers.
   .020   Applicability.
      .0201   Types of Actions.  This section applies to the following:
         .01   New wireless communication facilities approved after the effective date of this chapter;
         .02   Additions or modifications, approved after the effective date of this chapter, to communication facilities in existence prior to the effective date of this chapter; and
         .03   Re-approvals, after the effective date of this chapter, of wireless communication facilities due to expiration, suspension, revocation or other lapse of prior approval.
      .0202   Exemptions.  The following facilities are exempt from the provisions of this section:
         .01   Communications systems of any Federal, State or local government agency charged with maintaining the national defense, public health, safety, and welfare or disaster control;
         .02   Residential skeletal-type antenna systems designed to receive UHF, VHF, AM, and FM broadcast transmissions from radio and television stations, subject only to height limits of the zone in which erected;
         .03   Unobtrusive, ground-plane-designed, ham- or citizens’-band-radio antennas, subject to proper Federal Communication Commission (FCC) licensed operation for such radio service stations and installation pursuant to FCC standards;
         .04   Telecommunications systems placed underground in vaults shall not be subject to locational criteria;
         .05   Telephone and television cable facilities, other than antenna, call boxes and booths located within public rights-of-way in prescribed easements for such purpose;
         .06   Antenna systems regulated by the FCC with respect to heights, provided such antennae do not pose a safety threat; and
         .07   Satellite-dish antennas of two (2) meters or less in diameter in commercial/industrial areas, and satellite-dish antennas and Multipoint Distribution Service (MMDS) antennas of one (1) meter or less in residential zones, except such antennas shall comply with City safety requirements.
   .030   Definitions.  For purposes of this section, the following words, terms and phrases shall have the following meanings:
      .0301   “Antenna.”  A device used in communications which radiates and/or receives any radio or television signals for commercial purposes, including, but not limited to, commercial cellular, personal communication service, wireless modem signals, and/or data radio signals.  “Antenna” shall not include any noncommercial satellite dish antenna or any antenna utilized for amateur radio, citizen band radio, television, AM/FM or shortwave radio reception purposes.
      .0302   “Building-Mounted.”  Mounted to the side, facade or roof of a building; or mounted upon or to the side of another facility or structure such as water tanks, church steeples, clock towers, freestanding signs, sports field lighting, utilities transmission towers, or similar structures.
      .0303   “Cellular.”  An analog or digital wireless communication technology that is based on a network of interconnected receiving and transmitting sites or stations.
      .0304   “Co-location.”  The placement or installation of wireless telecommunication facilities, including antennas, and related equipment, on existing structures such as water tanks, church steeples, towers, and buildings upon which wireless telecommunication facilities and equipment already exist.
      .0305   “Ground-Mounted.”  Mounted to a pole, monopole, tower or other similar freestanding facility, or structure, that is specifically constructed for the purpose of supporting an antenna.
      .0306   “Monopole.”  A structure composed of a single pole used to support antennas or related equipment.
      .0307   “Mounted.”  Attached or supported.
      .0308   “Multipoint Distribution Service.”  A microwave communication service that delivers video programming directly to subscribers, including multi-channel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or as otherwise defined by the Section 207 of the Telecommunications Act of 1996, Section 1.4000 of Title 47 of the Code of Federal Regulations, and any interpretive decisions thereof issued by the Federal Communications Commission.
      .0309   “Personal Communication Services.”  Any form of commercial communications service utilizing digital wireless radio communication technology, having the capacity for multiple communications services and the routing of calls to individuals, regardless of location.  “Personal communication services” shall also mean and include personal wireless services, as defined in Section 704 of the Telecommunications Act of 1996.
      .0310   “Roof-Mounted.”  Mounted above the eave line of a building.
      .0311   “Search Ring.”  The area of service deficiency within which a new facility is proposed to address the network deficiency.
      .0312   “Stealth Facility.”  A wireless communication facility that is disguised to appear as a natural object including a monopalm, monopine, flag pole or ball field light or part of an existing man-made object or structure, which is designed to blend into the surrounding environment or which is concealed within or architecturally integrated into a building or other concealing structure.
      .0313   “Wireless Communication Facility.”  A facility consisting of any commercial antenna and/or other related equipment, or combination thereof, necessary to the transmission and/or reception of any radio or television signals for commercial purposes, including but not limited to, commercial cellular, personal communication service, wireless modem, and/or data radio communications, and which has been granted a certificate of public convenience and necessity, or a wireless registration number by the California Public Utilities Commission, or otherwise provides commercial wireless communications services to the public. “Wireless communication facility” does not include any radio or television facility that is exempt from local regulation pursuant to state or federal law.  (Ord. 6031 § 25; August 22, 2006.)
   .040   Locational Standards.
      .0401   Wireless communication facilities shall be co-located where technologically feasible and visually beneficial.  Facilities that are not proposed to be co-located shall provide a written explanation why the facility is not a candidate for co-location.
      .0402   Where determined to be technically feasible and appropriate, unutilized space should be made available for co-location of other wireless communication facilities, including space for entities providing similar, competing services.  Co-location is not required in cases where the addition of the new service or facilities would cause quality of service impairment to the existing facility, or if it became necessary for the host facility to go off-line for a significant period of time.
      .0403   Front or Street Setback.  No wireless communication facility shall be constructed or placed in any street setback in any zone, except as may be specifically allowed by the regulations of that zone.
      .0404   Interior Setback.  All portions of any antenna structure and associated equipment shall be located a minimum of five (5) feet from any interior property line, unless otherwise specifically allowed by the regulations of the zone.
      .0405   In multiple-family residential zones, no wireless communication facility shall be installed on the roof of a  except as specifically provided in subsections 18.38.060.030 and 18.38.060.060 pertaining to building-mounted wireless communication facilities.
      .0406   A ground-mounted wireless communication facility shall not be located in a required parking area, vehicle-maneuvering area, or vehicle/pedestrian circulation area in such a manner that it interferes with, or in any way impairs, the utility or intended function of such area.  (Ord. 5944 § 16; September 28, 2004.)
      .0407   The only wireless communications facilities allowed in single-family residential zones is sports field lighting located on publicly owned parks or golf courses.
      .0408   A wireless communications facility shall not be permitted on property with a transitional zone designation where the existing use is single-family or multiple-family.
      .0409   Ground-mounted wireless communications facilities shall not be permitted in any zone, except for stealth facilities as defined in subsection .030, above.
   .050   Design Standards.
      .0501   All wireless communication facilities shall be designed to minimize the visual impact to the greatest extent feasible, considering technological requirements, by means of placement, screening, and camouflage, to be compatible with existing architectural elements and building materials, and other site characteristics.  The shortest, smallest and least visible antennas possible shall be used to accomplish the coverage objectives.
      .0502   All screening used in connection with a building-mounted wireless communication facility shall be compatible with the architecture, color, texture and materials of the building or other structure to which it is mounted.
      .0503   Facilities/antennas shall be integrated, to the extent practical, into existing or newly developed facilities that are functional for other purposes.
      .0504   Antennas and other parts of wireless communication facilities shall be of non-reflective, glare reducing materials.  Colors and materials for facilities shall be chosen to minimize visibility.  Facilities shall be painted or textured using colors to match or blend with the primary background.
      .0505   Lightning arresters and beacon lights shall not be included in the design of wireless communication facilities unless required by the Federal Aviation Administration (FAA).  Lightning arresters and beacons shall be included when calculating the height of facilities such as towers and monopoles.
      .0506   Wireless communication facilities shall not bear any signs or advertising devices other than certification, warning, or other required seals or required signage.
      .0507   Whip antennas and microwave dish antennas shall be integrated into the design of the structure and/or fully screened from public view.
      .0508   Accessory support facilities, such as electrical cabinets and equipment rooms, shall be placed within an interior space of the existing building, underground, within a landscaped planter within the existing parking lot, or on the rooftop of the existing building.  Support facilities shall be designed to match the architecture of adjacent buildings and/or screened from public view by walls, fences, parapets, landscaping and similar treatments.  Any trees removed within landscaped areas shall be replaced and landscaping shall be compatible with surrounding landscaping and shall be of a type and variety capable of screening all or a portion of the facility as approved by the Planning Director.
      .0509   All wireless communication facilities shall be designed so as to minimize, and be resistant to opportunities for unauthorized access, climbing, vandalism, graffiti, and other activities which would result in hazardous conditions, visual blight, or attractive nuisances.
      .0510   No chain link fence is permitted in association with any wireless communication facility except in industrial zones where the fence is not visible to the public right-of-way or adjacent non-industrial zone.
      .0511   The height of the wireless communication facility shall not exceed the height limits of the applicable underlying or overlay zone unless otherwise authorized by a conditional use permit; provided, however, that in the “(SC)” Overlay Zone the height of a stealth facility may exceed the height limit up to a maximum of ten percent (10%) without a conditional use permit.  The following findings shall be adopted when approving a conditional use permit that increases the allowable height:
         .01   Review alternative shall be provided to staff, including but not limited to additional and/or different locations and designs, and has determined that the application as approved would have a lesser impact on the aesthetics and welfare of the surrounding community as compared to other alternatives;
         .02   Based on the evidence presented, the additional height above the maximum building height for the applicable zone is reasonably necessary for collocation of facilities or for the efficient operation of the proposed facility; and
         .03   Any negative impacts of the proposed facility are properly mitigated.  (Ord. 6031 § 26; August 22, 2006.)
      .0512   Any proposed monopalm, monopine, monoeucalyptus, or other similar faux tree shall be designed to blend into the surrounding environment by the presence of other palm trees or pine trees.  There shall be a minimum of three (3) live trees provided in close proximity to the antenna.  Trees shall be a minimum thirty-six inch box in size or a minimum of 18 to 20 feet in brown trunk height at the time of planting. A site/landscaping plan shall be provided showing the specific placement of existing structures, trees, and other significant site features; and indicating type and locations of plant materials proposed to be used to screen wireless communication facility components and the proposed color(s), and types of material proposed for the wireless communication facility.
   .060   Operational Standards.
      .0601   General.  All wireless communication facilities shall be erected, located, operated and maintained at all times in compliance with this section and all applicable City, State or Federal laws and regulations.
      .0602   Radio Frequency Emissions Compliance.  All wireless communication facilities shall comply with the federal requirements relating to radio frequency emissions and maximum exposure limits provided in Title 47 of the Code of Federal Regulations, Sections 1.1307, 1.1310 and 2.1093, as those sections may be amended from time to time. 
   .070   Application Submittal Requirements.  In addition to other application submittal requirements that are imposed by this title, the following shall be submitted with any application for a telecommunications antenna review permit
      .0701   Photo simulations accompanied by a map indicating the location from which each image was taken.
      .0702   A site and landscaping plan showing the specific placement of existing structures, trees, and other significant site features; and indicating type and location of plants proposed to be used to screen wireless communication facility components, and the proposed color(s) for the wireless communication facility.
      .0703   Plans showing how connections to utilities will occur, the ownership of those utilities, and any proposed right-of-way encroachments or easements.
      .0704   Plans showing the search ring for the proposed facility.
      .0705   Plans showing how vehicle access will be provided.
      .0706   A description of services proposed to be offered in conjunction with the proposed facility.
      .0707   A justification study indicating the rationale for selection of the proposed site, in view of the relative merits of any feasible alternative site within the service area. This study shall also include the applicant’s master plan, which indicates the proposed site in relation to the provider’s existing and proposed network of sites within the City and surrounding areas, including a map and narrative description of each site.  For modifications or alterations to existing facilities, the applicant may be required to submit a justification study limited to the need to modify, alter or expand the facility.
      .0708   A co-location study examining the potential for co-location at an existing site.  A good faith effort in achieving co-location shall be required of all applicants.  Applicants who propose facilities that are not co-located with another telecommunication facility shall provide a written explanation why the subject facility is not a candidate for co-location.
      .0709   At the discretion of the Planning Director, the applicant may be required to provide an authorization to permit the City to hire an independent, qualified consultant to evaluate any technical aspect of the proposed telecommunication facility, including but not limited to, potential for interference with existing or planned public safety emergency response telecommunication facilities, or analysis of feasibility of alternate screening methods or devices, or alternate (more suitable) locations.  Any authorization for this purpose shall include an agreement by the applicant to reimburse the City for all reasonable costs associated with the consultation.  Any proprietary information disclosed to the City or the consultant is deemed not to be a public record, and shall remain confidential and not be disclosed to any third party without the express consent of the applicant.
   .080   Application Processing.  Applications requiring a telecommunications antenna review permit shall be processed in accordance with Chapter 18.62 (Administrative Reviews).
   .090   Conditions of Approval.  All facilities permitted by a telecommunications antenna review permit shall be subject to the following conditions of approval.
      .0901   That the telecommunications facility shall be limited to the design as specifically identified on the approved plan.  Said information shall be specifically shown on plans submitted for building permits.  No additional antennas or equipment cabinets shall be permitted without the approval of the Planning Services Manager of the Planning Department and/or his or her designee.
      .0902   That the portion of the property being leased to the telecommunication provider shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence.
      .0903   That no signage, flags, banners or any other form of advertising shall be attached to the antennas, the transmission tower structure or the accessory equipment building.
      .0904   That all equipment, including supply cabinets and power meter shall be screened from public view as required by the Community Services Department (if located on a municipally-owned park or golf course) and the Planning Department. Furthermore, clinging vines shall be planted adjacent to the equipment enclosure in order to screen any wall associated with the facility and prevent graffiti.
      .0905   That all final plans for this telecommunication facility including the antennas and ground-mounted equipment enclosure shall be reviewed and approved by the Community Services Department (if located on a municipally-owned park or golf course).
      .0906   That the telecommunications equipment operator shall ensure that its installation and choice of frequencies will not interfere with the 800 MHz radio frequencies required by the City of Anaheim to provide adequate spectrum capacity for Public Safety and related purposes.
      .0907   That the telecommunications equipment operator shall resolve all interference complaints within twenty-four (24) hours.
      .0908   That the telecommunications equipment operator shall provide a single point of contact in its Engineering and Maintenance Departments to ensure continuity on all interference issues. The name, telephone number, fax number and e-mail address of that person shall be provided to the Planning Services Division.
      .0909   That the telecommunications equipment operator shall ensure that any of its contractors, sub-contractors or agents, or any other user of the facility, shall comply with the terms and conditions of this permit.
   .100   Removal.
      .1001   Lawfully erected wireless communication facilities that are no longer being used shall be removed promptly from the premises, and no later than three (3) months after the discontinuation of use, except as otherwise provided by law. A wireless communication facility is considered abandoned if it ceases to provide wireless communication services for thirty (30) or more days. Such removal shall be in accordance with proper health and safety requirements and all ordinances, rules and regulations of the City.The wireless communication provider shall send to the City a copy of the discontinuation notice required by the CPUC or FCC at the time the notice is sent to the regulatory agencies.
      .1002   All facilities determined to be abandoned and not removed within the required three (3)-month period from the date of notice shall be in violation of this section, and operators of the facility and the owners of the property shall be subject to penalties for violations under the enforcement and penalties provisions of this title. The City may remove all abandoned facilities following the three (3)-month removal period at the operator’s expense. Facilities removed by the City shall be stored for no less than fifteen (15) days and thereafter be disposed of by public auction, if deemed to be of value by the City, or otherwise as permitted by law.
   .110   Nonconformities.  Wireless communication facilities shall comply with the provisions of Chapter 18.56 (Nonconformities).  (Ord. 5920  1 (part); June 8, 2004:  Ord. 6007 § 13; November 11, 2005:  Ord. 6101 § 26; April 22, 2008:  Ord. 6382 § 4; October 18, 2016:  Ord. 6473 § 24; December 3, 2019.)