(A) Intent. To provide a uniform and comprehensive set of standards for the development and installation of facilities related to wireless communication facilities in order to accommodate the needs of citizens and businesses while protecting the public health, safety and welfare, and the aesthetic quality of the community.
(B) Applicability.
1. These regulations apply to:
(a) New wireless telecommunication facilities or any additions or modifications to existing wireless telecommunication facilities approved after the date of the passing of this zoning ordinance; and
(b) Reapprovals after the date of passing of this zoning ordinance due to expiration, suspension, revocation or other lapse or prior approvals.
2. These regulations exempt wireless telecommunications facilities that are exempt by federal or state law; mobile, new or media units that are authorized during a declared emergency or disaster; and for special events not to exceed seven days.
(C) Permitted use. Permitted in industrial, commercial and open space zones. Preference includes installation/collocation on city owned property where inconspicuous to public view and residential areas.
(D) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANTENNA.
1. Any system of wires, poles, rods, reflecting disks or similar devices used for the transmission or reception of electromagnetic waves when such system is either external to or attached to the exterior of a structure, or is portable or movable.
2. ANTENNAS shall include devices having active elements extending in any direction, and directional beam type arrays having elements carried by and disposed from a generally horizontal boom that may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support, all of which elements are deemed to be a part of the antenna.
ANTENNA, AMATEUR RADIO. Any antenna which is used for the purpose of transmitting and receiving radio signals in conjunction with an amateur radio station licensed by the Federal Communications Commission.
ANTENNA, BUILDING MOUNTED. Any antenna, directly attached or affixed to a building, tank, tower or other structure. Building mounted antennas are identified in two distinct categories herein as follows:
(a) Wall mounted attached or affixed to the elevation of the structure; and
(b) Roof mounted attached or affixed to the rooftop or top of the structure.
ANTENNA, DIRECTIONAL (also known as a PANEL ANTENNA). An antenna that transmits and/or receives radio frequency signals in a directional pattern of less than 360 degrees.
ANTENNA, GROUND MOUNTED. Any antenna with its base (either single or multiple posts) placed directly on the ground or a mast 12 feet or less in height and six inches in diameter.
ANTENNA, PARABOLIC (also known as SATELLITE DISH ANTENNA).
1. Any device incorporating a reflective surface that is solid, open mesh, or bar configured that is shallow dish, cone, horn, bowl or cornucopia shaped and is used to transmit and/or receive electromagnetic or radio frequency communication/signals in a specific directional pattern from orbiting satellites or ground transmitters.
2. This definition is meant to include what are commonly referred to as television receive only (TVRO) and satellite microwave antennas.
COLLOCATION. A wireless communication facility owned and operated by a communication service provider which is located on the same tower, building, accessory structure or property as another communication facility owned or operated by a different communication service provider.
DIRECT BROADCAST SATELLITE SERVICE (DBS). A system in which signals are transmitted directly from a satellite to a small home receiving dish.
ELECTROMAGNETIC. An electrical wave propagated by an electrostatic and magnetic field of varying intensity.
NIER. Nonionizing electromagnetic radiation (e.g., electromagnetic radiation primarily in the visible, infrared, and radio frequency portions of the electromagnetic spectrum).
RELATED EQUIPMENT. All equipment ancillary to the transmission and reception of voice and data by means of radio frequencies. Such equipment may include cable, conduit, connectors, equipment pads, equipment shelters, cabinets, buildings and access ladders.
SATELLITE EARTH STATION. A facility consisting of more than a single satellite dish or parabolic antenna that transmits to and/or receives signals from an orbiting satellite.
STEALTH DESIGN. A combination of design style and locational techniques that blend a wireless telecommunications facility into its environs in a visually sensitive and unobtrusive manner.
TOWER. A mast, pole, monopole, lattice tower or other structure designed and primarily used to support antennas. This definition includes ground mounted structures 12 feet or greater in height and building mounted structures that extend above the roofline, parapet wall, or other roof screen with a mast greater than six inches in diameter supporting one or more antennas, dishes, arrays, or other associated equipment.
WIRELESS COMMUNICATION FACILITY. A facility that transmits and/or receives electromagnetic signals for the purpose of transmitting analog or digital voice or data communications. It includes antennas, microwave dishes, horns and other types of equipment for the transmission or receipt of such signals, telecommunication towers or similar structures supporting said equipment, equipment buildings, parking area and other accessory development.
(E) Permit requirements by zoning district. Unless otherwise exempt from permit requirements in this code, wireless communication facilities require permits in accordance with the following table. The following legend of permits applies to the table below:
1. Key. Permitted use subject to site plan/design review permit, designated as “DR”; conditional use permit required, designated as “CUP”.
Table 12: Permit Requirements for Wireless Communication Facilities | ||||||
Wireless Communication Facility | Residential Zoning Districts | Commercial Zoning Districts | Industrial Zoning Districts | P-F Zone | P/OS Parks | PD Overlay |
Table 12: Permit Requirements for Wireless Communication Facilities | ||||||
Wireless Communication Facility | Residential Zoning Districts | Commercial Zoning Districts | Industrial Zoning Districts | P-F Zone | P/OS Parks | PD Overlay |
Antenna, amateur radio | DR | DR | DR | DR | DR | DR |
Antenna, building mounted | ||||||
Roof mounted | DR | CUP1 | CUP1 | CUP1 |
DR | DR |
Wall mounted | DR | DR | DR | DR | CUP1 | CUP1 |
Antenna, ground mounted | N/A | CUP | CUP | CUP | CUP | CUP |
Parabolic antenna | N/A | CUP | CUP | CUP | CUP | CUP |
Satellite earth station | N/A | DR | DR | DR | DR | DR |
Tower | N/A | DR | DR | DR | DR | DR |
Tower, collocation2 |
N/A | DR | DR | DR | DR | DR |
Notes: | ||||||
1. If roof or wall mounted antenna extends above the roofline, parapet wall or similar roof screen, a conditional use permit is required to authorize the antenna | ||||||
2. A conditional use permit is required if the collocation increases the height of the existing tower/structure. | ||||||
2. Conditions. The designated approving authority for each of the listed permits may impose conditions on the wireless communication facility applications to ensure compliance with all provisions and purposes of this chapter.
3. Findings. Findings to deny any permit for a wireless communication facility as regulated herein shall be done in writing and supported by substantial evidence contained in the written record. Denial shall not be based on the environmental effects of radio frequency emissions that comply with the Federal Communication Commission emission regulation.
(F) Exemptions. The following wireless communication facilities are exempt from the requirements of this chapter as specified below and are subject to compliance with other provisions of this title.
1. A wireless communication facility shall be exempt from the provisions of this section if and to the extent that a permit issued by the California Public Utilities Commission (CPUC) or the rules and regulations of the Federal Communication Commission (FCC) specifically provides that the antenna is exempt from local regulation.
2. Satellite earth station (SES) antennas, which are two meters (2 m) (6.5616 feet) or less in diameter or in diagonal measurement, located in any nonresidential zoning district. In order to avoid the creation of an attractive nuisance, reduce accidental tripping hazards and maximize stability of the structure, such antennas shall be placed whenever possible on top of buildings and as far away as possible from the edges of rooftops.
3. Parabolic antennas, direct broadcast satellite (DBS) antennas and multipoint distribution service (MDS) antennas, which are one meter (3.2808 feet) or less in diameter or diagonal measurement and television broadcast service (TVBS) antennas, so long as said antennas are located entirely on private property and are not located within the required front yard setback area. This locational requirement is necessary to ensure that such antenna installations do not become attractive nuisances and/or result in accidental tripping hazards if located adjacent to a street or other public right-of-way.
4. Amateur radio antenna structures provide a valuable and essential telecommunication service during periods of natural disasters and other emergency conditions and are therefore exempt from permit provisions of this chapter in compliance with the following standards.
(a) Height limits. Amateur radio antennas in any district may extend to a maximum height of 75 feet, provided that the tower is equipped with a lowering device (motorized and/or mechanical) capable of lowering the antenna to the maximum permitted height when not in operation.
(b) Location parameters. All antenna structures shall be located outside of required front and street side yard areas. Antenna structures shall also be setback a minimum distance of five feet from interior property lines. If any portion of the antenna overhangs any property line, a design review permit is required to obtain the authorized signature of all affected property owners on the required application form.
(c) Tower safety. All antennas shall be located within an enclosed fenced area or have a minimum six-foot high tower shield at the tower base to prevent climbing. All active elements of antennas shall have a minimum vertical clearance of eight feet.
5. Minor modifications (emergency or routine) provided there is little or no change in the visual appearance as determined by the PIP director.
(G) Development standards; general development standards. Unless otherwise exempt pursuant to subsection (F) of this section, the following general development standards shall apply to all wireless communication facilities.
1. All wireless communication facilities shall comply with all applicable requirements of the current uniform codes as adopted by the city and shall be consistent with the general plan, this title, as well as other standards and guidelines adopted by the city.
2. All design review and conditional use permit applications for wireless communication facilities shall include a description of services proposed and documentation certifying applicable licenses or other approvals required by the Federal Communications Commission to provide services proposed in connection with the application.
3. All design review and conditional use permit applications for wireless communications facilities shall include a map and narrative description of all telecommunication sites existing, proposed or planned by the applicant in the city and within a one mile radius of the city border. Such applications shall also include an analysis of all reasonable and technically feasible alternative locations and/or facilities (including collocations) which could provide the proposed communication service.
4. To minimize the overall visual impact, new wireless communication facilities shall be collocated with existing facilities, with other planned new facilities, and with other facilities such as water tanks, light standards and other utility structures whenever feasible and aesthetically desirable. To facilitate collocation when deemed appropriate, conditions of approval for conditional use permits shall require all service providers to cooperate in the siting of equipment and antennas to accommodate the maximum number of operators at a given site when found to be feasible and aesthetically desirable. The applicant shall agree to allow future collocation of additional antennas and shall not enter into an exclusive lease for the use of the site.
5. At least ten feet of horizontal clearance shall be maintained between any part of the antenna and any power lines unless the antenna is installed to be an integral part of a utility tower or facility.
(H) Development standards for antennas (excluding radio antennas). Unless otherwise exempt pursuant to subsection (F) of this section, the following development standards shall apply to receive-only antennas (ground and building mounted), parabolic antennas and satellite earth stations as defined in subsection (D) of this section.
1. Maximum number. One antenna per parcel, unless the applicant can demonstrate the service need for additional antenna.
2. Antenna location. Parabolic antenna and satellite earth stations shall be ground mounted in residential zoning districts. In all nonresidential zoning districts, the preference is for building mounted antenna. No antenna shall be located in the required front or street side yard of any parcel unless entirely screened from pedestrian view of the abutting street rights-of-way (excluding alleys). In all zoning districts, ground mounted antennas shall be situated as close to the ground as possible to reduce visual impact without compromising their function and all portions of the structure/antenna shall be set back a minimum of five feet from any property line.
3. Height limit. The height limit for ground mounted antenna is six feet. However, the height may be increased to a maximum of 12 feet if the setback distance from all property lines is at least equal to the height of the antenna and if the structure is screened in accordance with subsection (H)4. of this section. Building mounted antennas shall not extend above the roofline, parapet wall or other roof screen or project beyond a maximum of 18 inches from the face of the building or other support structure.
4. Screening. Ground mounted antenna shall be screened with a fence, wall or dense landscaping so that the antenna is not visible from the public right-of-way and to minimize the visual impact on abutting properties. Building mounted antennas shall be screened as follows.
(a) Wall mounted equipment shall be flush mounted and painted or finished to match to building with concealed cables.
(b) Roof mounted equipment shall be screened from view of public rights-of-way by locating the antenna below the roofline, parapet wall, or other roof screen and by locating the antenna as far away as physically feasible and aesthetically desirable from the edge of the building.
5. Color. Antennas shall have subdued colors and nonreflective materials which blend with the materials and colors of the surrounding area or building.
(I) Development standards for amateur radio antennas. Amateur radio antennas may exceed the height limit and/or amend the setback provisions of the exempt amateur radio antenna structures (subsection (F) “Exemptions” of this section) only when said regulation will result in unreasonable limitations on, or prevent, reception or transmission of signals. The designated approving authority may issue the design review permit subject to any conditions necessary or appropriate to minimize the safety or aesthetic impacts of antenna installations, provided the conditions do not unreasonably prevent or limit transmission or reception of signals.
(J) Development standards for towers. The following development standards shall apply to towers (including collocation facilities) as defined in subsection (D), Definitions, of this section.
1. Site design. All facilities (including related equipment) shall be designed to minimize the visual impact to the greatest extent feasible, considering technological requirements, by means of placement, screening, camouflage, to be compatible with existing architectural elements, landscape elements and other site characteristics. The applicant shall use the smallest and least visible antennas possible to accomplish the owner/operator’s coverage objective. A visual impact analysis is required to demonstrate how the proposed facility will appear from public rights-of-way (including public trails).
2. Safety design. All facilities shall be designed so as to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions which would result in hazardous conditions, visual blight or attractive nuisances.
3. Location. Towers shall not be located in any required front or street side yard in any zoning district. The setback distance from any abutting street right-of-way, residential property line or public trail shall be equal to the height of the facility (tower and related equipment). Otherwise, the minimum setback distance from all other property lines shall be at least equal to 20% of the height of the tower.
4. Height limit. The height limit for towers shall be consistent with the maximum building height of the zoning district of the subject parcel. Exceptions to the height limit may be granted when the designated approving authority finds that reasonable alternatives do not exist to provide the necessary service. There is no height limit specified for collocations on existing structures, provided facilities are screened from view of abutting street rights-of-way or camouflaged by matching the color(s) and/or material(s) of the structure to which it is attached.
5. Lighting. Towers and related equipment shall be unlit except as provided below:
(a) A manually operated or motion detector controlled light above the equipment shed door may be provided, except that the light shall remain off except when personnel are present at night;
(b) The minimum tower lighting required under FAA regulation; and
(c) Where tower lighting is required, said lighting shall be shielded or directed downward to the greatest extent possible to ensure that such light does not spill over onto abutting properties, especially residential zoning districts or uses.
6. Landscape. Where appropriate, facilities shall be installed so as to maintain and enhance existing landscaping on the site, including trees, foliage and shrubs, whether or not utilized for screening. Additional landscaping shall be planted around the tower and related equipment and along street frontages to buffer abutting residential zoning districts or uses, and to buffer public trails in accordance with the following standards.
(a) Perimeter of facility. Landscaping around the perimeter of the facility shall include dense tree and shrub plantings with necessary irrigation. Wireless communication facilities shall be developed with an immediate landscape screen. Trees shall be fast growing evergreen species, a minimum of 24-inch box in size. Shrubs shall be a minimum 15 gallon size covering a minimum planter area depth of five feet around the facility. Trees and shrubs shall be planted no farther apart on center than the mature diameter of the proposed species.
(b) Street frontage. Along all street frontages abutting the subject parcel, trees shall be fast growing evergreen species, a minimum of 24-inch box in size, planted no farther apart on center than the mature diameter of the proposed species.
(c) Buffer to residential zoning districts or uses and public trails. Along the entire length of all residential property lines and public trails abutting the subject parcel, 24-inch box, fast growing evergreen trees shall be planted no farther apart on center than the mature diameter of the proposed species. Additionally, shrub planting along public trails shall be a minimum five gallon size and species shall be consistent with the native or other plantings along the trail in that same area.
7. Design/finish. The tower and related equipment shall have subdued colors and nonreflective materials that blend with the colors and materials of surrounding areas. When located on a parcel abutting a designated scenic corridor in the city, the tower shall be designed to simulate a tree of similar species to other trees in the immediate area.
8. Advertising. The tower and related equipment shall not bear any signs or advertising devices other than certification, warning or other required seals or signs.
9. Parking. The off-street parking for wireless communication facilities shall be determined by the designated approving authority in conjunction with required development permits.
(K) Operation and maintenance standards.
1. Noise. All wireless communication facilities shall comply with the city’s noise ordinance at all times. When facilities are located within 100 feet of any residential property, a noise analysis shall be required to ensure that all proposed equipment either complies with or employs noise attenuation measures in compliance with the city’s maximum noise level standards. Backup generators shall only be operated during power outages and for testing and maintenance purposes.
2. Nonionizing electromagnetic radiation (NIER) exposure. No wireless communication facility shall be sited or operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to public health. To this end, no facility or combination of facilities shall produce, at any time, power densities in any inhabited area that exceed the FCC’s maximum permissible exposure (MPE) limits for electric and magnetic field strength and power density for transmitters or any more restrictive standard subsequently adopted or promulgated by the city, county, state or the federal government. To ensure compliance, an RF (radio frequency) testing report shall be submitted to the PIP director for all proposed facilities after the initial installation and operation, every five years thereafter, and any time the MPE limits are modified to demonstrate facility compliance with government safety standards.
(L) Removal provisions. In the event one or more antennas, towers or related equipment are not operated for the provision of wireless telecommunication services for a continuous period of three months or more, such antenna, tower and/or related equipment shall be deemed abandoned. The owner of same shall remove all such items within 30 days following the mailing of written notice that removal is required. If two or more providers of wireless telecommunication services use the antenna support structure or related equipment, the period of nonuse under this section shall be measured from the cessation of operation at the location by all such providers. Failure to remove shall constitute a public nuisance and shall be enforced as such.
(M) Transfer of operation. Any carrier/service provider authorized by the city to operate a specific wireless communication facility may assign the operation of the facility to another carrier licensed by the FCC for that radio frequency provided that such transfer is made known to the PIP director in writing prior to the transfer and all conditions of approval for the subject installation are carried out by the new carrier/service provider.However, the carrier/service provider may, without written notification, transfer operations of the facility to its general partner or any party controlling, controlled by or under common control with the carrier/service provider.
(N) Effects of development. The city shall not be liable if development within the city, after installation of the antenna impairs antenna reception.
(Ord. 533, passed 8-16-2005; Ord. 591, passed 8-2-2011; Ord. 610, passed 2-18-2014)